Friday, June 24, 2011

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  • zCool
    05-21 03:06 PM
    Well i dont think thats true that it is must that i have to send the AC21. Like i can always get the employment letter from my employer who sponsered me for my green card. All i was asking was that IF I DO GET THE EVL RFE (I HOPE NOT) then in that instance what i am suppose to do? Get a letter from my current employer or the employer who sponsored me for green card?

    You have to get it from your prospective permanant employer. If you have intention of working for your past employer after you get GC, that would be it,
    If you've made decision to work for your current employer on Permanant basis then that would be it..
    It's not good or bad.. just keep it simple




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  • mattrock23
    01-24 08:11 PM
    Would it be possible to have the View entry link show the updated version of my entry, please? I updated the link in my thread before the deadline but forgot to attach the updated .zip file. The final version of my entry is attached to my thread now.




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  • santosh19
    10-09 06:25 PM
    Got to the forums menu and select I-485 reciept tracker and you will find that you are not the only one sailing. There are bunch of July 2nd filers who have not got their reciepts yet to start with. I am one among them . Filed on July 2nd no activity yet, no checks cashed .




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  • gcformeornot
    12-31 10:21 PM
    what % have got FP notices. Out of 25500 members I see only few votes...



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  • satishku_2000
    06-08 01:01 AM
    well the status quo isn't that bad, is it? Gradually, retrogression will reduce. Now that there is no labor sub, there will be roughly a FIFO system. Plus, no increase in H1B should help the future --- as far as retorgression is concerned. another big plus is that current H1B system is intact. This bill would have driven thousands out of H1B status.

    So I say: CIR, RUST in PEACE.

    rimzhim , Totally agree with ya ...




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  • Munna Bhai
    08-30 07:53 AM
    copy of first and last paystubs of all employers?
    :eek: :eek:
    I can hardly find any paystub beyond 6 months, in my case. I hope and pray that I dont get an RFE like that. Do people really keep all the paystubs they ever received from employers? that is an outrage.
    If this is not unfair that what else is?
    WOW.......

    I think the best way to handle this is, atleast contact couple of attorneys and sit down with them. Go over every single detail, and dont miss out on any papers. Some of the papers you listed, are standard attachements anyways. I wonder why your lawyer didnt submit those along with original form?

    These type of issues will come only if at some stage(H1b or GC) USCIS has a red-flag associated with this case(or company).



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  • gapala
    05-14 10:21 PM
    Technically you will be considered a Bachelors in US + 3 yrs Experience = Masters Equivallent = EB2.

    You should be a safe - EB2.


    Disclaimer: I am not an attorney, pls. consult a immigration attorney for advice.

    arc buddy, Is this your guess work OR based on any documentary evidence? I have never heard anythink like that before.. 3 years BCom+ 2 years Masters + 10 years Exp ===> 4 years US Degree + 3 Years Exp ===> US Masters equivalent ????:confused:
    could you please provide any links or equivalency guidelines from DOL or CIS or any agency for what you posted above. That will help members like me to understand this little better..

    Thanks in advance.

    I believe EB2 eligibility depends on the Job requirements and wording in LC for equivalency. Looking at the eligibility requirements.. there are 3 ways to classify as EB2.

    1)US Advance Degree (Masters) OR Equivalent
    2) US Bachelors or Equivalent + 5 Years of progressive experience.

    3) Three out of 4 below need to be provided to classify under Exceptional ability

    ---- a) Letters documenting at least ten years of full-time experience in the occupation being sought;

    ---- b) A license to practice the profession or certification for a particular profession or occupation;

    ---- c) Evidence that the alien has commanded a salary or other remuneration for services which demonstrates exceptional ability;

    ---- d) Membership in professional associations;

    ---- e) Recognition for achievements and significant contributions to the industry or field by peers, government entities, professional or business organizations.




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  • immi_2006
    10-09 10:47 AM
    Which document to produce for people on EAD and AP?



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  • morchu
    05-04 02:02 PM
    Please be aware that logic and emotions doesnt matter much for this.
    Get the exact rules on the basis of which they denied your case, and prove why they were wrong. An attorney will be helpful if you are not good in interpreting the laws.

    My I-485 was denied April 14. USCIS said I only sent them a partial answer to their request for evidence.

    I filed for I-485 and I-130 in Nov. 2008 and in December we had to resend all mine, my husband (sponsor) and my cosponsor's tax info. which we did. My case was resumed but I never received my EAD. I contacted the USCIS regarding this and they responded with another RFE; they needed my cosponsor's tax. info again. We resend the exact same things as we did in December and in the meantime I contact my senator and the ombudsman who both look into the case and tell me the USCIS has promised to respond to me a.s.a.p.

    USCIS's response: My I-485 has been denied, my cosponsor did not send in all his tax info. My cosponsor, who has an identical copy of everything he has sent now three times (everything was in the original application in Nov. too) says it is all there. The USCIS wants us to file for a motion to reopen the case which costs $585. To me this is ridiculous; I originally lost my job (I was working under OPT) becuase they kept delaying my case, and now they want more money? I know it's my word against theirs but we are considering applying for the motion to reopen but was wondering how long do they have to accept or deny this. Also, we are submitting a waiver for the fee due to my husband also being unemployed at the moment and need our savings if we have to leave the country but are wondering if we can also send a check along with the waiver in case they won't waive the fee. They denied the case on April 14, 2009 but did not mail the letter out until the april 23 - we now have less than a week to file for a motion.

    Please, if anyone has any experience with filing a motion let us know about it.




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  • h1bnogc
    07-12 10:31 PM
    Please respond to my question/options...this is very urgent and important given that PD is moving very fast....



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  • rav_bac
    12-02 11:22 PM
    Hi Praveen,

    did they marked which documents required on the yellow slip issued by Consualte. ???


    Thanks in advance!!!


    hello all,

    i attended for visa stamping on dec 1st at Hyderabad consulate so i got 221g yellow form but he retained passport with him. he told to submit all the documents that are mentioned on the yellow form. did any body got same thing. usually how many days they will take for processing after submiting the documents

    Thanks,
    Praveen




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  • sbdol
    07-21 09:51 PM
    I have the same question. I've just filed my I-485, and am waiting for the receipt number. Is it advisable to continue on H1b rather than switching to EAD? My company lawyer is advising against applying for EAD.
    Would there be any problem to my I485 petition if I switch to a new employer using H1B transfer? Is there any drawback if I switch to EAD/AP apart from the annual renewal expense? :confused:.

    The advantage of H1-B is that if for some reason for example I-140 is denied you can continue on H1-B and refile.



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  • monkeyman
    10-21 07:44 PM
    You have taken a very risky proposition. The best bet is to talk to the lawyer and let him/her handle the situation. You could receive the RFE on 1 and on account of trying to mislead the USCIS may have some issues and could lead to a murky situation.

    My friend's situation is even murkier - both him and his wife filed for I-485 (along with other documents). The hubby added his wife as dependent and the wife has added the hubby as dependent. So, they received two EADs each and two APs each. They also got 4 FP notices and when they went for FP the second time, the issue came to light. Now the two lawyers are trying to clear the issue - I am sure this is posted someplace in the forum.

    Best bet is to talk to the lawyer.




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  • sid3699
    09-16 10:13 PM
    My H1B visa stamp has expired, but I have the approval papers extending my H1B until Jan 2011. My company filed for bankruptcy. Another company bought parts of my company (not the entire company) in which I work. So I got absorbed by the buyer.


    What happens to my visa? Does the new company have to file for an amended petition? If so, how long does that take?

    I have to travel to India in two months. If they file the petition and I travel out of the country before I get the approval, will that be safe?

    Thanks very much.



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  • kris04
    10-08 04:59 PM
    Yes, roseball, you got it right.

    Whats the reason to join Employer A and what will make me become an employee of Employer A - like i to have them do my W2?

    GC is approved based on Good Faith that the sponsoring employer will employ you after GC is approved or you will work for sponsoring employer after GC is approved, if not then it could cause trouble for you during citizenship or your sponsoring employer could report to USCIS about the non-compliance--> This is legal term

    But there is one way around it, join employer A and get yourself fired from the job then you're fine.

    HTH

    kris




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  • andy garcia
    07-30 08:45 PM
    Let's hope everyone will be all right.

    My son will turn 21 in December 07 and I stuck in name check for who knows how long.



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  • Beemar
    11-04 09:08 PM
    Situation - During the month of July, I filed my 485 when all categories were current. Got my receipt too. Missed wife's application because her papers were not ready. Now priority dates have retrogressed again.

    Saving grace - Our H1/H4 are in order with many long years left on them.

    Question - Can I file my wife 485 now as a dependent, even though "my" PD is not current yet. The core point is that, does the concept of PD applies to the dependent 485 applications too?




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  • franklin
    07-11 06:03 PM
    I can make some calls.

    Thank you - I've just sent you a pm




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  • bluekayal
    10-16 03:56 PM
    Didn't you have one in 2009?




    laksmi
    01-29 11:16 AM
    Macml,

    Did you pay fee again to USCIS for AP to get it modified or USCIS did free of cost and how many months did it take to get AP document with correct Date of Birth.

    Thank you




    Bpositive
    12-08 10:19 PM
    by the way, I forgot to mention that I was in India when my GC was adjudicated on Oct 22.
    At the immigration POE, I told the officer that my GC was granted while I was away. They took me to a room, I waited for 10 minutes, they checked on their system and later told me that I'm good to enter on GC. I looked at my passport where they had canceled my H1 visa and stamped LPR on the immigration stamp which stands for Legal Permanent Resident.

    So, no probs returning to the U.S. I even took the liberty to stand in the GC/ citizen Q at the airport :D

    That's very useful feedback....appreciate it.



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