Friday, June 17, 2011

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  • pappu
    06-08 12:17 PM
    Lets discuss Post-CIR on one thread only.

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  • martinvisalaw
    06-04 10:09 AM
    You really need to ask that question of a tax or employment law expert. It's not an immigration issue so it's not my area of expertise.

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  • indyanguy
    01-13 12:01 PM
    Did your exp. letter have the number of hours (40hrs/ week) mentioned? I had an RFE for my I-140 as well (one of the points in the RFE was for exp.) . The exp. letters I submitted did not mention 40 hrs/ week. I got the letters reissued with 40 hrs/ week and that cleared the RFE. The RFE clearly mentioned that the exp. letter did not specify the number of hours worked per week.

    Make sure that the exp. letters match the requirements and your experience in the the approved Labor Certification - if all the requirements do not match, that could be a reason for the RFE as well.

    Yes! It clearly mentions 40 hours per week on the letters. They also have the skillset that is listed on the Labor.

    Lawyer says they haven't even looked at the letters which is hard for me to believe. If we submit the letters again and the IO is not satisfied, do we get another chance or would it be a denial?

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  • SGP
    03-25 03:02 PM
    Congratulations on your freedom.


    I would like to share my success story of getting my I-485 application approved with a revoked/withdrawn I-140. We received our Green Cards and Welcome Letters in the mail yesterday. If you go through my profile, you should be able to get most of the information, but here it is anyway:

    1] Company A applied for my LC followed by the I-140 application. We never got a chance to file I-485.
    2] After I quite company A, they withdrew my I-140 application.
    3] Company B started the process again with my labor application, followed by my new I-140 application. We didn't capture the older PD at this stage, but the A# was the same as the old one.
    4] When we sent in our I-485 application, we included a letter describing that we would like to retain the older PD (we sent them a snippet of page 27 of the Field Adjudicator's Manual - Yates memo). In the interest of being transparent, we mentioned that the earlier I-140 was withdrawn by the previous employer. After an unrelated RFE, our case was finally approved last Friday (03/18).

    I am sharing this information so that others who are stuck in a similar situation can use this as a datapoint in their struggle against the USCIS. I wish you all the very best in your Green Card journey.


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  • smc
    07-26 12:47 PM
    This looks like he is trying it again. The older one (which was defeated) was Amendment 2339 of HR 2669, which was defeated on 7/19. This is Amendment 2428 of HR 2638 (which they are currently debating) and has a date of 7/25.

    Hope it passes this time.

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  • immi_enthu
    09-28 06:01 PM
    i am in the same boat. receipt notice says Jul5 25 .. online september 15 ( I guess it is notice date)

    when did your application reach USCIS. yes the online date is Notice Date.


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  • Saralayar
    05-14 06:28 PM
    Hello friends,
    On May 01,2009 my wife's I-485 status changed online that they requested additinal evidence. I have not received RFE letter as of now and also I am touch base with my attorney, my attorney's office also not received RFE letter. Please advice me what steps I have to take in this regard.
    Please provide all your GC personal details in IV so that you will get better answers.

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  • RajWantsGC
    05-12 09:57 PM
    Hello Gurus,
    I have bit complicated case. Please have a little patience to go through it. I had two I140s filed in 2007. One was under EB2 and another was under EB3. In July 2007, we filed I485 along with the EB3 I140 receipt (as per my employer). At the time of filing I485, both I140s were pending. In May 2008, my EB2 I140 was denied because of education issue. But at the same time my I1485 was also denied. The reason USCIS gave for denying I485 was that as I140 is denied so I485 was also denied automatically. But we attached the EB3 I140 receipt along with the I485 application. In month of May 2008, we filed MTR for I485 to reopen the case as my EB3 I140 was attached with the I485 and EB3 I140 is still pending. We also filed the appeal for my EB2 I140. In month of August 2008, my EB3 I140 was approved. I opened many service requests with USCIS for I485 MTR but to no use. After waiting for 10 long months since filing I485 MTR, I received a letter from USCIS in January 2009, saying that my MTR is sent to AAO. This is so frustrating. I was under the impression that MTR should not take much time.
    Gurus, pleas let me know what are my options left now. I read in forums that people write letters to congressman and senators. I want to know the following things.
    1) How to get the addresses of Congressmen and senators?
    2) Should we send letters to local Congressman and Senators only? or we can send letters to any congress man and Senators?
    3) Will the info pass be useful in my case?

    Any help will be highly appreciated.


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  • kiran_k02
    12-16 01:49 PM
    A freind of mine had two years EAD and don't have H1 anymore. His drivers License was denied as EAD is not considered a valid document for drivers License extention.
    This happened in Wayne , NJ.
    I too will be going for the renewal soon. Did anyone else faced similar situtation. If yes, how did they resolve?

    I used My EAD for license extention in East Brunswick DMV in NJ on Rt 18. They extended till EAD expiration date + 3months. I had 1 year EAD. This was back in Apr, 08.

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  • ilanbenatar
    04-25 11:29 AM
    Hi "Domino",

    I read your question and was wandering what path did you choose.
    I am currently under the same process and conflicted on weather to apply for an O-1 or an EB1-EA green card.

    I am a film editor and my case is not a very strong one so I'm contemplating the pro's and con's of both options.

    It will be great if you could tell me about your experience.



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  • iwantgc
    05-08 10:15 AM
    Hello all,

    While I was out, the office of Congress called my home last night in regards to the email i sent them a month ago about the GC retrogression and H1B shortage. They asked me to return their call, I hold off calling them back because I'm confused of what to say, the thing is i don't want to disclose where I work (don't want to get my company involved). But really I am not sure what they have called me for given that email i sent them. Any ideas would be appreciated.

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  • simplistik
    03-08 02:00 PM
    yeah i thought it was gonna be between him, paddy, and me

    LoL... I always assumed it was gonna be between you, him, paddy, and fern... I dunno that's just me. LoL :lol: :party:


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  • kondur_007
    05-13 01:34 PM
    Thanks to all of you! Such a wonderful discussion.

    So now can my husband port his PD as well? How does the priority date swap? What process have people gone through to do this effectively?

    The most effective way is to ask for old PD on the new I 140. There is a box on form I 140 that asks for prior approved I 140 and PD on that (if you want to retain it). download the form and see it for yourself.

    It can also be done at 485 stage, but much easier to do at 140 stage.

    Make sure to insert the same A number that came with old I 140.

    Good Luck.

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  • camarasa
    07-23 11:23 PM
    I would ask an independant lawyer for his/her advise. Your current lawyer could just be looking for more money from you.


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  • eagerr2i
    09-17 03:03 PM
    IV is not against H1B as such. Majority of IV members are presently on H1B program.

    IV does not support the increase of H1B visa quota before the EB immigrant visa mess is cleared. Also, IV has comdemned every single abuse of of H1B by small consulting firms or the 'fly by night operators' who abuse the system by not paying the prevailing wages to employees or not paying them at all while the consultant is on bench.

    One of the IV core members pointed out in a recent interview that in a recently released Government Accountability Office report on H-1Bs noting that in just 2005, there were 306,927 H-1B labor condition applications approved.

    I am quoting him verbatim as per the report- "Now, consider the fact that in the entire 2000-2005 period, there were only 2,737 employees due back wages [as a penalty to errant employers who broke the rules and underpaid a H-1B employee]. That is not even one percent of just one year's applications — forget about five years worth of applications," .

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  • chanduv23
    03-14 08:44 PM
    This is more pertinent to Physicians - I heard that following residency or J1 expiration one has to return to home country for 5 yrs. I have the following questions
    - What are the options for Fellowships and how do they weigh against the fellowship options for H1 holders ?
    - How difficult is it to obtain J1 waivers ?
    - Is the new J1 conrad law beneficial ?
    - Can someone share their success story of converting J1 to another visa, Thanks all

    A lot of people do get waiver jobs and convert to H1b. But the job locations will not be in cities and will be in remote areas, I am not sure how they do it but there seems to be a network through which all this happens. I have heard that the waiver process is very expensive and lawyers charge a hefty sum. If I get some info, I will pass it on to you.

    I was under the impression that the home residency requirement for J1 is 2 years and not 5 years. Please check with that too.


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  • amitjoey
    06-17 06:50 PM
    Total Contributions on this thread: $650- I am moving these to the funding thread. Please post your contributions on the funding thread.

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  • gbof
    08-01 11:55 AM
    ....gC ka mousamm aa gya....

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  • abq_gc
    08-20 08:07 PM
    we have to make USCIS more transparent and effective...

    10-02 01:28 PM
    Come on So Cal folks. We are meeting in Cerritos, CA this Saturday October 6th at 3pm. Login to our yahoo group for more information.

    You are welcome - we need active participation at the State level.

    Come on SC folks do join the meeting

    08-30 05:09 PM
    Congratulations, my friend! :)

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