Wednesday, June 8, 2011

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  • txh1b
    04-16 02:31 PM
    Other option is Try to get from University. They will have the copy for the sure.

    OP already did that and they seem to have purged it as per his first post.





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  • bestia
    11-09 02:18 AM
    Even i'm in the same situation. My employer does not let me to interact with the attorney and is sad in following up.
    He is yet to apply for my PERM.

    ...


    Just a thought.... Don't waste your time with dishonest employers. I have wasted 2 years on my previous employer. I would have my PD 2001. My friend wasted 3 years. Now and me and my friend work for different companies, with very good relationship, having no problem interacting with lawyers or having our employers sign any paper CIS might ask. I had victim mentality until I realized that it's a market economy. You sell, your employer buys. If you don't like to deal with him, start looking for another "buyer". Don't rush. Find a good job, transfer your H1, and start everything afresh - I know it's hard, but that's a way to go. Don't be stuck to your employer for 5 years and later cry "my employer didn't want to apply for I-140, didn't give me latter for I-485", "my lawyer didn't respond to RFE, now I'm in trouble", etc. etc. CIS/DOL will give you enough headache even without employer's "assistance".

    And, btw, I have waited 9 months for my PERM to be approved. No RFE, no nothing - just 9 freaking months.





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  • same_old_guy
    10-25 01:55 PM
    I said the same thing. I WILL NOT spend $1000 for nothing when my PD is not current.

    Fortunately, I got my I-140 approved last week. It was sent on Mid-May. It's EB2 NSC.

    So just hang in there, unless your 6th year H1 is expiring in new few days.





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  • shreekarthik
    07-17 03:04 PM
    !!!!. Hopefully you'll be still around encouraging others.



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  • saratswain
    09-15 03:53 AM
    My company sponsored my EB-3 with PD of Feb 2007 and the I-140 was approved in Feb 2009. Based on the pending I-140, I filed my I-485 (AOS) application in July 2007. My I-485 case is still pending.

    In the meantime, my company had been kind enough to agree to re-sponsor me for EB-2 PERM which was filed in Sept 2008 and the related I-140 was approved in July 2009.

    Both my pending I-1485 and recently approved EB-2 I-140 share the same A number, while the earlier approved I-140 EB-3 has a different A number.

    I wrote a letter to USCIS requesting them to link my recently approved EB-2 I-140 to the pending I-485, in the place of EB-3 I-140 and also port the earlier PD.

    Since there is no response for more than 2 months, I called USCIS call center today. The call center person advised me that I cannot make such a porting request unless the Visa Bulletin is current for that PD of EB-2. I was shocked to hear such message. Please advise whether the call center person is correct in her interpretation. Thanks in advance.

    My case is similar. EB3 - June, 04. Applied I-485 in EB3 July-2007. Then had an EB2 from same employer PD-Aug-2006. The call center person is right, that is exactly what my lawyer advised me as well. Here is what I did

    Applied I-485 in EB3 - (July - 2007)
    Requested to port the I-485 to EB2 category (with I-140 approved for EB2 and EB3 in hand) in Aug-2008 (In Aug-2008) the dates were current for EB2, June-2004
    Created an SR in Aug-2009 when in Sept-2009 it was again becoming current for EB2-2004
    I-485 Approved on Sept, 2, 2009.

    My advise would be :
    Prepare the case with the lawyer on the category transfer (EB3->EB2) keeping the PD same. Wait EB2-Feb, 2007 becomes current and send the application and open an SR. People have noticed that creating the SR is helping but you must have to wait for EB2, Feb-2007 to be current for you.

    Note : There is a possibility that your I-485 application is already in EB2 category. I would suggest to take an InfoPass and confirm it in Oct-Nov when there are less people enquring.

    Regards
    (I am not an attorney)





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  • rock581
    07-18 09:08 AM
    Great replies. Thank you all.

    I dont want to depend on pending I485 as the only source. I want each of us to have status independent of it.

    I do understand that he can apply H1 only in Apr 08 and start working from Oct 08.

    I am hoping a short visit will not reset his 365 day exile. One more query I have is can he leave US for around 10 days immediately after applying for I485. Should he apply for AP along with I485 or should he wait once he comes back after his short trip on a valid L2? Will it be OK ?



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  • here4gc
    02-28 12:44 AM
    I opened SR in Jan...took infopass last week...NOTHING..stupid people are saying that my namecheck is going on..i applied 140 and 485 in July...i140 not yet approved...no FP also...blackhole...





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  • aat0995
    08-01 04:59 PM
    Hi Guys (and gals)
    My application got approved today. The above posts shows what it was showing and everything. Hope you are in the same boat and your get approved as well. Good luck!



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  • rbharol
    08-23 02:25 AM
    Any US postgraduate degree + 3 years prior to I-140/I-485. Read the text of the bill for more details.

    Dixie and Other experts,

    See copy-paste from the bill below:
    It seems that Aliens who have earned Masters degree outside US 'AND' has
    3 years experience in related field are listed along with those who have
    masters or higher degree from US.

    check sections (F), (I) and (K) below.

    Does it mean non-US masters with 3 years exp too shall be excluded from
    the numbers quota?

    --------------- copy paste begins --------------------------------
    WORKERS EDUCATED IN THE UNITED STATES
    SEC. 201. UNITED STATES EDUCATED IMMIGRANTS.

    (a) IN GENERAL.�Section 201(b)(1) of the Immigration and Nationality Act
    (8 U.S.C. 1151(b)(1)) is amended by adding at the end the following:

    ��(F) Aliens who have earned a master�s or higher degree from an accredited
    United States university.

    ��(G) Aliens who have been awarded medical specialty certification based on
    post-doc-toral training and experience in the United States preceding
    their application for an immi grant visa under section 203(b).

    ��(H) Aliens who will perform labor in shortage occupations designated by
    the Secretary of Labor for blanket certification under section
    212(a)(5)(A) as lacking sufficient United States workers able, willing,
    qualified, and available for such occupations and for which the
    employment of aliens will not adversely affect the terms and conditions
    of similarly employed United States workers.

    ��(I) Aliens who have earned a master�s degree or higher in science,
    technology, engineering, or math and have been working in a related
    field in the United States in a nonimmigrant status during the 3-year
    period preceding their application for an immigrant visa under section
    203(b).

    ��(J) Aliens described in subparagraph (A) or (B) of section 203(b)(1) or who
    have received a national interest waiver under section 203(b)(2)(B).

    ��(K) The spouse and minor children of an alien who is admitted as an
    employment-based immigrant under section 203(b).��.
    ------------------------------ Copy paste ends --------------------





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  • abd
    04-07 05:20 PM
    I did my H1B renewal in Toronto Last Feb without problem. I have Indian Bachelors Degree in Engineering. Renewal went very smoothly. I had all my papers with me as required.



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  • Brightsider
    11-08 07:11 PM
    Permit me to differ....with ND Bhatt.
    With all due respect, I would like to point out that visas to dependents may not be the issue. The report includes all pending I-485 cases. It does not differentiate between principal applicants and derivative-dependents.

    The problem must be elsewhere. Possibly, they may not have released complete and accurate figures, though I would hate to believe that. For a governmental agency that is answerable to Congress, it will be difficult for them to obfuscate beyond a point.

    You are right on the 245 (i) issue. I do know a friend whose wife and child went to the consulate when their PDs became current. Since it was consular processing, it was not a case of I-485....they use some other form DS1030 or some such form.

    That said, hang in there. Enjoy life while in the queue.
    Best





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  • uslegals
    11-04 11:30 AM
    Hello - I just recd. the TRANSFER NOTICE for me & my wife's 485 case stating that the case has been transferred to USCIS-NBC, PO Box 648005, Lee's Summit, MO 64064. We had filed for AOS in July 2007 and my priority date for is April 2006 (EB-2).

    I would appreciate it if somebody can please shed some light on what this means for us. What are the implications for us.? Will the case be transferred to the local office.? Should i start to gather documents for a interview.

    Would appreciate any advice i can get. Thank you!



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  • isantem
    12-10 07:28 PM
    EB2I and EB3 I should wait till Jul Bulletin.

    What year?..........2011 for EB2I and 2021 for EB3I. :(

    For EB3 is no diffrence my friend, Decembere is = July, same movement.





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  • raysaikat
    05-04 11:02 PM
    Hi All,
    Recently I received an RFE on my Wife's 485 application asking to prove that we both are still married. My lawyer is asking for around $400 to respond to this RFE, We have already paid the lawyer about $7500 until now for our GC process and she is no longer the preferred lawyer for the company that I am working for, but I had to keep my case with her as she has processed all of my applications until now. My questions are:
    1. Can we ourselves respond to the RFE and save the $400.00,
    2. If so, What's the process and what documents that we need to send to prove that we are still married.

    Appreciate all of your help in this regard.

    Thanks

    Other than the copy of your marriage certificate, pictures, children's birth certificate, etc., you can send an affidavit signed by a notary public, perhaps someone who works at the local municipality/city hall, etc. In addition, you should submit proof of joint financial holdings such as copy of this year's 1040 and state tax forms filled as "married filing jointly" (if you did so), a joint bank account, joint property ownership such as house and car, joint car insurance, home insurance, other bills (to show both of you are living at the same address), etc.

    However, I would recommend using a lawyer (if not your lawyer whom you seem not to like) for preparing the RFE; I guess you do not want to suffer setbacks in your GC processing merely for saving $400!



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  • diptam
    06-26 02:07 PM
    I'm working in a direct Client site of my Employer and i work on H1B.

    Won't i be allowed to enter this office from OCT1st 07 or that's OCT 2008 ??

    First of all even if CIR is passed someone need to interpret the section. What kind of Ban for H1b in consulting? Is it blanket ban? It is going to be very tough in reality to Ban H1b for consulting completely. There might be some options in the law.





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  • lostinbeta
    10-22 04:46 PM
    Yeah you have to open the safe to get the key.

    If you wandered around that mansion you would have gotten scraps of paper that had numbers on them.

    The 3 numbers make up the combination.

    You have to go up the steps, and to the left into a room where there is a safe.

    You have to enter the combination quick and without mistakes to open it.

    After you get it open youw ill have to fight a boss that is half/half. One half hot and one half cold if I remember correctly (which I probably don't).

    After beating him you will get the key to the basement door and some other cool items.



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  • Arvin_H1
    08-19 02:33 PM
    If you reappeal I think until the decision comes you are okay. But I'm
    not sure if you can work. Need to check with an attorney.

    If your job description need to match the degree you should be fine.
    Did you submit a credential evaluation? I think if both of the above
    things are okay, you should be through.

    If I were you I will contact an attorney, like Sheela or Rajiv who
    knows what they are doing.

    babu

    Thank you all for your advices.

    As this is my H1 extension, my credential evaluation done with first H1 process itself. and, my I-94 also expired in Sept'07.

    Does anyone know any good attorney that i can contact and take more suggestions on my issue..?





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  • shukla77
    06-29 10:36 AM
    it seems there is one Poll for every little thing.....is someone doing statistical analysis of all these..??:D :D





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  • piyu7444
    07-13 05:29 PM
    Thanks for all who replied...

    Did anyone travel to India, by landing at Delhi Intl airport, and then proceeding to other destination city through a domestic airline?

    Never been to Delhi, and I have no idea how Intl and domestic travel works in tandem...

    Thanks

    Almost every time landed @ delhi and then got to a domestic flight (@ Indore - lot of times)

    It all depends on your international arrival and next connection to domestic city (how long is lay over?) You can get a good connection from New york to mumbai to indore with airline A due to its flight schedule but you might not get the same ''good connection'' with airline B as it just has a different schedule.

    So it depends on the following
    -From where you fly
    -When you reach
    -When is the first avaiable domestic flight
    -how much is the total cost

    :)





    siravi
    11-15 04:46 PM
    yes he is Math teacher.
    What is process of getting H1B. Is they are applicable for H1B or they need diff VISA. then what is the process of getting that. or if they are applicable for H1b then it is the same process as for S/W Prof.

    sdudeja: I sent you PM, Please look it

    Is any other thing which we need to take care about.
    Thanks

    I am a teacher at an NGO. I am not sure if I understood your question, but hope this helps,,,
    First, you have to comply with the state procedures for teacher certification and eligibility. You need the work/H1B visa; the procedure is same as that for all other jobs. The school/orgaization should be ready/willing to sponsor one for a work visa.

    sdudeja, nice to meet another teacher on the forum!





    thatwillbeit
    05-24 08:47 PM
    Hi Gurus...


    I am one of the July 2007 EAD filers and did not file for AP at that time.

    So I am in the process of the renewing EAD & Applying for AP for the first time.

    I have couple of questions..

    do you get Finger Printing for EAD Renewal ?

    do you get Finger Printing / Biometrics for first time applying of AP [Advance Parole]

    Your help is much appreciated



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