วันจันทร์ที่ 27 มิถุนายน พ.ศ. 2554

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  • aachoo
    04-22 12:51 PM
    This is literally word for word the RFE I got. Basically an employment verifications. I did not use AC21, no job changes, no nothing. Attorney aid it was normal and responded in 2 days.
    -a



    My lawyer got the RFE notice yesterday....

    USCIS requesting the following...
    1. Dated letter from employer detailing job duties and position
    2. Your proffered position if different from current one
    3. Date I began employment and current salary
    4. Letter must be signed by executive officer of the company
    5. Letter must clearly state whether the terms and conditions of employment based visa (or labor certification) continue to exist

    They are requesting too many things at this point and it seems like the requests are different from other RFE's received by IV members. This is concerning me a lot. Can expert IV members give me any guidance? Have you received such an RFE, what does this mean? Any advice is very much appreciated.

    My LC / I-140 stated that I am an "Electrical Engineering Technician" due to PW concerns at the time of application but my H1-B application said "Applications Engineer (Chemicals Group)". But the job duties were exactly the same word for word. I'm not sure if that is causing the problem. I am being paid significantly more than the LC / 1-140 wage currently. So, lack of ability to pay is not an issue. I have also been continuously employed by the same organization. I have not sought a different employer ever since I applied for my GC.

    Please reply with your thoughts.




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  • srinivas_o
    01-08 10:53 AM
    Thank you for the quick response.

    You said there are 3 copies of AP. But my lawyer sent me only 2 copies. Is that a problem???




    I recently entered US on AP. At the POE, I gave ONLY my passport and AP(it was 3 copies stapled together). Thats all.
    The IO gave me one copy and said "you can keep one for your reference" and took the other 2. Then escorted to another room, where more people were waiting, and I had to wait for about 10 minutes and an officer called my last name and handed me over, my passport along with one copy of AP with some stamp on it.

    I am still on H1, also got my EAD. I-485 is pending. The other documents that I carried was, a letter from my company stating that I work for them, and all my H1 copies...but I never showed any of those documents.

    edit: While I was standing in line to be called by the IO, the person(indian) in front of me who was being served by the IO, gave many documents, eventhough the IO was saying "I don't need them". This guy was pro-actively telling her that he is working for so-and-so company, took some papers and was giving it to her, and she said politely that its not required...he was also entering on AP cause I saw that guy in the room.

    So, Please don't over do. just give only the document that is asked for.




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  • raj3078
    04-27 11:08 AM
    This looks like a hoax to me. Could you quote a credible news story or a link on a enforcement site where there is any advisory?
    Pappu,
    This is the hoax and seems like an attempt to discredit India Law system. Please close the thread. We should not be party to such attempts. I get tons of emails like that including the one which talks about getting 10 million of lottery prize money. If I start believeing them then god save me....Please close this immediately.:mad:




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  • Joey Foley
    May 17th, 2005, 06:55 AM
    There are several spots in the Indy area where you can get such a perspective. One with easy access is high atop Crown Hill cemetary (i.e., the James Whitcomb Riley hilltop gravesite). Sunrise or sunset would be your best bet unless you hit on a really crystal-clear day with no midday haze. You might find something close to what you are after around 16th and Georgetown road, too ;)

    Awesome idea!
    Anymore idea anyone while I'm out and about on my day off?;)



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  • Prashanthi
    05-21 11:17 AM
    When the USCIS finds out and makes a determination that you are out of status, that is when you will be in trouble, or if you go outside the country for a visa, if they notice that you W-2 has a very low amount, they may refuse to give you a visa. When you file the transfer if the USCIS finds out that you have violated your status, they will still approve you h-1 for consular processing, they may not approve your request for a transfer.




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  • leoindiano
    07-11 11:50 AM
    open a infopass, go to a local service center, they will schedule and u get it done, Dont loose this great chance.

    I waited, opened SR's with 0 luck. Then i tried above and it worked. Luckily they scheduled same day as inforpass for me.



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  • s_r_e_e
    08-15 11:53 AM
    instead of sending my application with fedex he went in person and filed it in person to be sure. (he filed 211 cases in all). I am asking him for the proof of filing and he is telling that since he handed applications in person, he didn't have any acknowledgment from USCIS.

    Today is August 15th and Can I file my case myself today, so that it reaches before Aug. 17th. Basically since I had all papers with me except medical reports. What would happen if my first application is accepted before second application is opened for entry into system.


    I wouldnt create a confusion with a second app, unless there is a solid reason to distrust the attorney.




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  • amitjoey
    08-05 01:10 PM
    The requirements of the job dictates whether or not you can qualify for EB2. So if you have a PHD or Post doctoral research, will not matter if the job you are doing only requires a Bachelors degree holder with minimal experience.

    On the other hand if the job requires that you have Bachelors with atleast 5 years of experience you could. Also, you have to pass the market labor test. So, the job has to be for skills that are in demand for which there is no US citizen available.



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  • Hermione
    10-02 03:58 PM
    I think if your company goofed on RFE, your best option is Motion to Reopen (it is used to submit new evidence, as opposed to ask for a different interpretation of existing evidence, which is an appeal). There also could be a difference in impact of appeal vs MTR on your I-485 application (which will be denied soon).

    Yes, the whole PERM/I-140/I-485 is for future employment. You do not have to work for the sponsoring employer until the date of your approval.




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  • milind70
    11-03 12:54 PM
    From first hand experiences of fellow friends and collegues who tried to extend the visitors visa for their parents or their in laws ,99 percent of the time they have been denied reentry . I personally know a case where a friends mother in law successfully extended her stay for another 3 months after initial grant of 6 months. After that vist she was denied reentry for 3 times atleast that i know of. One thing here is to note that whether to grant entry or not is in the hands of the IO at POE. By extending your stay plants seeds of doubts about overstay. Also medical reasons and taking care of child are not considered strong reason for extension unless the medical condition is very serious



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  • PD_Dec2002
    08-08 07:53 PM
    My H1 has been denied on Master's quota as I filed for H1 in April and I graduated in May. The reason for denial is that "on notice day, I was not graduate'.

    My EAD will be expiring in May 2008 and even If I apply for New H1 in next April, I can not start working till October 2008.

    In this bad situation, what are the option I have not to leave the country. Please advise as soon as possible

    You can go to school again though it might not be practical. Or go back to your country and ask the employer to sponsor your H-1B so you can reenter in October 2008.

    Also, check with other lawyers.

    Thanks,
    Jayant




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  • FinalGC
    10-16 01:52 PM
    Kambi:

    Based on current stats,

    LC - It will take about 4 months from the date you initiate your case with your lawyer
    140- Eb2 or eb 3 will take from 4 weeks to 4 months
    485 - If u are from India or China and based on current situation for Eb2 it could take upto 4 years and 6-7 years for EB3. If you are from Rest of the world it would be 1-2 years.

    However, if the SKIL bill passes, things could change and you could get the whole GC within 2 years or so.........Keep hopeful...that is what I am doing after 8 years on H1........with a MBA from a US University!!



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  • VDaminator
    06-11 05:59 PM
    trust me if there wasnt a bra in the pic I used then there wouldn't be a bra on the pic I posted lmao.




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  • serg
    07-29 12:48 AM
    The 'Country of Birth' poll shows the same 43% :)



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  • GCOP
    06-23 02:46 PM
    I know that, we had not been successful in earlier years for this bill. But, as CIR chances are very uncertain, we should concentrate at least only on this Visa Recapture Bill this year. Passing of this bill will reduce backlog significantly. Let us focus on this bill .




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  • TEKNMEK
    02-10 12:55 AM
    Thanks everybody for your suggestions. Unfortunately canada is not a option. I have sent an email to Chennai consulate for emergency appointment request. Have to wait and see how it goes. Will update you all with any information I find out.

    Thanks



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  • bkn96
    02-18 02:09 PM
    oh yeah! it is legal i know that... however, i consulted lawyers on this and they were of the opinion that it is best to have a straight case where you are working for a large us corp. essentially, uscis can question if the company has enough work to sustain employing a person on a "permanent basis". that "permanent basis" appears to be one of the criteria for approval of labor/perm, I140 etc... thats why my query to you. it seems ability to pay can also be a question, however, that is not supposed to be brought up during adjudication of 485... so you are safe there...

    so, this is real cool... thanks for sharing your info...

    My I140 is applied by another company and 140 already approved. So i think ability to pay question only comes during 140. So after I140 approved i think it is safe to go in this route.




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  • Templarian
    04-23 04:42 PM
    ^I didn't even know if it was relevant when i remembered the "SDL", i just remember my bro talking about it once. But that was a very long time ago.

    Maybe as your learning you could write up some very simple step by step tutorials for beginning the use of SDL.




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  • greencardfever
    12-11 08:33 AM
    How many days prior to the EAD and AP expiry date can we apply for EAD and AP renewal?

    Thanks.
    greencardfever




    alisa
    06-10 10:42 PM
    Backlog Elimination Centers
    :)




    chanduv23
    07-09 02:02 PM
    Be careful with Lawyers - there is a way to handle them. Remember, you may hate them for their attitude, but your approach to them should be pleasing.

    You have to be very very very pleasing, praising, and kiss ass. You must kiss their ass like anything to get things done.

    On the contrary - paralegals are very rude and you must be very careful dealing with them. They have the skill of triggering your anger and in most cases, you want to let the lawyer know how dissatisfied you are, and this in turn triggers Lawyer's ego.

    For immigration lawyers we are the clients - but they don't work for us, they work only to extract innocent immigrant money.

    They tend to side with stupid HR personnel from big companies and give them all sorts of advices on immigration and form the HR lawyer alliance. They are nice to each other and share love bites.

    The best way to deal with a lawyer is - Kissssssssss asssssssss , praise them, thak them, keep them in best spirits, never get annoyed, tell them u can come over to their office if they say they are busy. You all don't need a lot of explanation - I think you understand how things work



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