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  • GoneSouth
    05-31 09:37 AM
    You guys have my $100.00. 502(d)(2) must die ! ;-)

    Good luck !

    - GS





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  • coolmanasip
    07-19 09:51 AM
    GURUs cna u reply when you get a chance!





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  • nlssubbu
    12-06 12:05 PM
    My wife got all the AP paperback after her return from India. One AP have stamp. Two AP papers are not touched.

    When I traveled using AP for the first time, this is what happened to me. Neither the Airline nor the Immigration Officer retained the originals, when my family members returned back and they had all 3 with them. I think it depends on airline and the immigration officer whether to hold a copy of your AP are not. It is better to be prepared for this.

    Thanks





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  • lfadgyas
    05-20 09:15 PM
    I�m not a lawyer or attorney or anything official

    -So you ended up in the US as a intercompany transfer on L1B and you are working for �A�. Probably you started to work for �A� around 1999 summer.

    -L1b is expiring on Aug 29, 2001, but few days before they submit an extension, but there is no approval just some RFEs;

    I assume you kept working after Aug 29, 2001 for the same company �A� still here in the US.

    -After a year you applied for H1-B with company �B� on August 20, 2002 which is approved on Sep 2002 and you travel back home to have the visa stamped and you came back to the US and started working for �B� (on June 2003).

    -Later you transferred your H1B and started to work for company �C� which is your current emp. Company �C� started your labor/gc process and you were able to file your case during the 2007 visa fiasco (when all categories were �current� for July or so ).

    I believe that from Aug 29, 2001 till Sep 2002 (or till the date you left the country - but this does not really count for now I think) you were working with no USCIS authorization.

    Based on the dates this is more than one year � there is some bar for this 3 or 10 years � that is the time you cannot reenter or apply for new visas etc. I guess . Your lawyer (any) should know this better.

    Even if you applied for H1b afterward� and that process went ok - probably by this time they realized that there was an unauthorized employment before� I do not know that a correctly field H1 and later and approved LC and filed I485 can "cancel out" such a thing. Probably not.

    This is definitely a �lawyer� case . You might would be able to show and prove that you unintentionally ended up with this gray period with your first employer (this would be hard though) and ever since you followed the immigration law. From your stand point (unfortunately this will be not the USCIS�s one ) you are here legally since 2003 June. This is already 7 years. You might can file for some relief - based on extra hardship or something - I do not know this side .

    If this unauthorized employment issue is true then consult about the real chances you might have with a lawyer who knows this pretty well...
    Good luck



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  • newlife2
    09-19 10:17 PM
    Guys, I was just laid off and have efiled i539 3 days after the termination date for a status change to F2. Now working on the application letter. Do you think I should mention the layoff in the letter?

    If I do mention it:

    Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.

    Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.


    I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.





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  • rbharol
    08-15 04:05 PM
    IV is already working with USINPAC. if you know of any other indian orgs http://www.garamchai.com/desiassc.htm, pls contact them for support as an IV member.
    Pappu,
    Their site does not list "Retrogression" as an issue faced by Indians in EB catagory.



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  • ram04
    04-25 10:13 PM
    I m joining new company by changing H1.


    Too many questions too little input to take decission. Please provide your expertise advice.

    -When do I have to raise Ac21?
    - with H1 transfer or after or is it not required legally?

    - Is it safe to transfer H1 (after 180days) without AC21?
    - How will it affect my 485?
    -What are the docs to be collected from old employer?
    -Can I retain same lawyer for GC while H1 is taken care by new company lawyer?

    Guys - I m running out of time and got to respond to new company soon.

    Please provide your inputs.

    -Gc04
    July 07 filer
    Chicago state Chapter





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  • GetGC08
    07-30 06:29 PM
    Hello,

    I just received RFE for I-140.
    I-140 Details:
    I have applied I-140 under EB2 India.
    I have BS(3 years) with computer science & MCA(MS 3 years) in computer science. So total 6 years of education in computer science(3 yrs BS + 3 yrs MS).
    Also I have 1.5 years(18 months) of experience after completing my MS. I have submitted my experience letter at the time of filling labor But USCIS didn't ask anything regarding experience.

    In labor(PERM) we mentioned Masters required
    & Major field of study is Computers.

    Do I qualify for EB2?? Plz let me know.

    RFE details:
    1) Degree evaluation(what's the procedure?)
    &
    2) They want most recent W2 for 2007.

    In 2007(W2) I got paid $59K(gross) & in LCA(H1B) prevailing wage mentioned is $55k.

    In labor(PERM) prevailing wage mentioned is $63K & offered wage mentioned is $65K.

    Difference between W2 & Prevailing wage in labor(PERM) is $4000($63K - $59K).
    Difference between W2 & Offered wage in labor(PERM) is $6000($65K - $59K).
    Is this a serious problem???

    My labor already got approved.
    My company is financially very good.

    Now which wage USCIS consider or match with W2??

    I will really appreciate your response.

    Thanks.



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  • yetanotherguyinline
    12-20 06:47 PM
    I found out from discussion about the USCIS Expedite service:

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=38a127720928f010VgnVCM1000000ecd190aRCR D&vgnextchannel=a9243529fdb7e010VgnVCM1000000ecd190a RCRD

    "
    All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The criteria are as follows:

    * Severe financial loss to company or individual
    * Extreme emergent situation
    * Humanitarian situation
    * Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
    * Department of Defense of National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
    * USCIS error
    * Compelling interest of USCIS

    If your case is at a local office at the time you need to make your emergency request, please go to the local office in person to make your request. Please be sure to take all supporting documentation with you.

    If your case is at one of our Service Centers or the National Benefits Center, please call customer service at 1-800-375-5283 to receive further instructions on where and how to send your request.
    "

    I am not sure this is applicable in case of Green Card too even when the dates are not current for your category.

    I guess 99.99% won't able to use it, but at least it will be helpful for 0.01% people.

    It appears that this person (http://www..com/member/kurup65/) has been successful to get his GC using this expedite service (EB3 India PD: Nov 2005)

    She mentioned:
    "We (my husband and I) requested expedite request due to extreme emergency situation and USCIS approved it. Luckily things work out for us. Can't say too much other than that. Thanks for all the well wishes....."

    Source:
    http://www..com/discussion-forums/i485-1/52168049/


    ENJOY!!!!



    There was another individual on this board who had an personal emergency (I believe his id is Mehul or something similar). This information might be very useful to him.





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    02-14 12:48 PM
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  • optimystic
    09-15 11:52 AM
    It still says Aug 15th. I don't think they will release it yet.

    I can see it. Refresh your browser

    Thanks inskrish for the news.

    Anyway, the Proc. dates are a heap of bull shit. The NSC Proc date for I-485 says July 08 2007. We all know the dates were 'U' and noone could have filed a I-485 between July 2 - July 17th (July 2 fiasco). So how can the oldest application that the NSC is blocked on can be dated July 08 2007 !!!

    Even if they came across ineligible applications like that, wouldn't they just outright reject them and quickly move on to some other application that they can process??? Why would they consider themselves blocked on such application(s) and issue the processing date to reflect such transient status ???





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  • dilusa1
    07-18 08:43 PM
    Thanks for great services..

    My situation is as under : " My case is in removal proceedings for violating H1b status for 3 months due to laid off situation, i am working on H1b now and my labor is approved and I-140 is pending, now my priority date is become current for I-485 filing", now who will adjudicate my case, INS or EOIR court, where will i file my I-485.

    will court close my removal proceedings based on PD current..

    i will really really apprecate your help.



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  • bigboy007
    10-30 05:47 PM
    Should address on Drivers license and Address that we provide for USCIS should it match ?

    I am a consultant hence i have given a friends address who own a home so that i dont need to change it often. Now i live in a different state (ofcourse temporarily) and since its USCIS i gave this address for any correspondence to USCIS. Now in future if i apply for any new forms many people have mentioned sending Drivers License but if i sent it it has a different address on it. is copy of drivers license mandatory? how does it work ?





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  • gc_bulgaria
    11-25 02:07 PM
    You do not need any permission from your employer. As long as you put in 40 hours per week, i dont think anyone cares for what you do with the rest of your time (as long as you dont hold another job).

    And as far as going to school full time is concerned, i use the same logic. I was full time in Fall 2006 while being on H1b (and my GC was being processed). i am currently enrolled part time but will be enrolling full time next spring. I am currently working with the same employer. Dont think it will be an issue and dont plan on taking any permissions.

    I am doing the same - full time H1B, part time school. Can use EAD for assistantship and full time school next year (if GC does not come through). If GC is approved(hopefully) since NC is already cleared and PD is current, I will continue about 6 months more full time with employer and do part time school.



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  • indyanguy
    01-14 01:40 PM
    The HR is not willing to give a letter in the format I requested. I heard opinions from different forums that in situations like this, a colleague's letter would be sufficient.

    Also, do I need to submit TWO letters from each company?





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  • chem2
    08-17 07:07 AM
    The employer cannot ask you to pay H1 filing fees. You may be responsible for attorney fees, but legally the employer is not allowed to charge you for any filing fees they pay the USCIS (the ~1400 $ you mentioned earlier). I have been in the same situation for many years, my employer requires me to pay attorney fees, but they take care of the H1 filing fees.

    I'm no legal expert, but the extra 1000$ tagged on for attorney consultation sounds bogus to me. Attorney fees should include any and all required consultations.

    Since you have no plans to join this employer, you may want to investigate what legal options you have, for example, complaining to DOL, USCIS, etc.

    good luck. i hope everything works out for you.



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  • anu_t
    05-13 04:53 PM
    His position requires Masters Degree

    The thing about EB2 is , "The job description needs to be specific." I have a experience that , lawyer gets scared when the job description is vague.
    just "masters degree required" is sometimes not enough.





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  • tabletpc
    05-28 02:31 PM
    Thanks guys...some kind of relief ...!!!!





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  • rajs
    12-09 06:49 PM
    I GOT MY WELCOME LETTER DATED 12/5/09 AND A EMAIL THAT MY 485 HAS BEEN
    APPROVED & CARD SHOULD BE IN HE MAIL SOON.:p
    MY QUESTION IS
    WHILE MY 485 WAS PENDING I GOT MARRIED AND AS MY PD WAS IN DATE
    WE FILLED MY WIFE'S 485 IN 07 SHE GOT HER FP DONE ETC..
    THERE IS NO CHANGE IN MY WIFE CASE STATUS SO WE CALLED TO FIND OUT BUT THEY HAD NO REPLY FOR US
    HOW LONG DOES IT TAKE FOR MY WIFE'S CASE TO GET APPROVED?
    HAS ANY ONE EXPERIENCE THE SAME?

    THANKING EVER1 FOR THEIR SUPPORT





    inskrish
    07-16 08:37 PM
    hey inskrish,

    you should be getting a welcome e mail any day now!
    where's the party man?

    Paskal,

    Thanks for your words. You will be the first one to get a party from me, when it happens.:p





    naveenarjun
    06-04 10:25 AM
    This is the text that i see on Govtrack.us
    http://www.govtrack.us/congress/billtext.xpd?bill=s110-1348
    Are we missing some thing here, I see SKILL is part of this draft!!:confused:

    You are looking at the OLD bill



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