Friday, July 22, 2011

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  • good idea
    06-02 09:53 AM
    Interview Date: Friday May 6, 2011
    My Employment Model: E/V/C = employer/vendor/client. Working with the same employer for 5th year now and after initial H1b (3 years) this is my second H1 B renewal)
    Visa Officer: A Lady
    Visa Officer's comments to me: Everything looks good but we need to do some additional admin review.
    Documents requested: The application packet my company gave me. These were returned to me at the conclusion of the interview which lasted for about 3-4 minutes.
    Subsequent correspondence: after interview I got a couple of emails (one email per week) asking me to submit the documents (I129, client letter, and any supporting documents)
    Current status: last correspondence via email was on May 13th, no response as of yet.

    Am I experiencing this because of my employment model? Any comments from anyone?
    Did anyone else have similar experience? Anyone from Southeast Asia?

    -Yes, this is because of E/V/C model. I have never come across such case (221g) if someone works at employer location, except one, that guy's passport had some issue, and his case got sort out with in a week, in-fact, he did not get 221g. I have not come across case with E/C model too.

    -I know at least 7 guys with E/V/C model waiting in India because they got 221g, and still waiting for decision.

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  • indyanguy
    11-14 09:07 AM
    Assume one uses AC21 on EAD. Now, when there's an Employment Verification RFE for I485, is it possible to submit a letter from an employer B even though one was working with employer A at the time of the receipt of RFE?

    The reason I ask is, when using AC21, a lot of companies might not be willing to provide a EVL which has the same responsibilities as the ones listed on the Labor cert. So, can I submit the offer letter from say my friend's company saying that my joining date will be sometime in the near future? (GC is for future employment) Would this provoke USCIS to call me for a I485 interview?


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  • hitch
    07-13 07:37 PM
    Hi Dear ,
    I got an ofer from boeing I saw expert comments on this forums,I appreciate if u guys help me out in this matter .I recieved an offer letter from Boeing but when HR asked me about the Export control status then she told me to have a GC or Citizen for clearence infact the position for which i got an offer letter was in comercial planes and it has nothing to do with security infact no security clrence (Exempt) is required.
    could you please let me that is there any chance i can move fwdand and tell the HR about my case again .please respond to this

    thx for ur help.


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  • gcpain
    03-28 01:46 PM
    Correct me if I am wrong, yesterday's bill which is passed does not have like this provisions.


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  • a_yaja
    06-18 12:34 PM
    When had filed my I140 I did send my coworkers reference letter ...yet i got a rfe requesting for employer's experience letter..
    I was in a similar but totally different situation. I wanted to use the experience as a Grad. Assistant for my I-140 stage. The problem was, my professor was no longer with the University. My lawyer suggested that I obtain a letter from the professor on a plain paper and make sure that it is notarized. The letter had his address and cell phone number and "Formerly, Asst. Professor at xxx Iniv".

    There was no issue with the I-140 approval.

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  • xbohdpukc
    03-27 10:12 PM
    I think the main point (and the most expensive one) is how you advertised your position and what requirements you put in printed ads. You can refile PERM and get a decision quite easily if you can find a wiggling room in your ad to squeeze your MBA degree in those reqs.

    Good luck to you!


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  • northstar
    11-25 05:56 PM
    You should be ok, just send them the papers again

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  • Leo07
    01-14 01:06 PM
    ...and Good Luck


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  • kondur_007
    08-24 10:23 PM
    I hate to give you the bad news, but as far as I know, if you filed 140 after the expiry date on Labor, it will be denied.
    And yes, there is a rule about this that they came up with since past few months (?about a year now..)
    I would suggest to start a new PERM ASAP and get a help of a good competent lawyer this time.
    Good Luck.

    (Although there are only a couple of days between the expiry date on your labor and 140; but if you really filed your 140 after the expiry of PERM, it will be denied. Are you sure of RD? if it is ND and your RD is within the expiry, it may still be valid).

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  • bkarnik
    05-03 11:37 AM
    Instead of picking holes in the system, all that we need to do is to ensure the reporter gets the message " How legal immigrants are stuck so deeply for following rules" . This will help them put it out in press and debate on it, that way, there will be a larger awareness. You got to look at it from a larger perspective. The more awareness the better are the chances. The time is now to call reporters and highlight the plight of EB Retro folks. That way, they get to seperate legal and illegals (or Mex Citizens) inorder not to confuse the public.

    I am of the opinion, it will help the legal immigrants cause by calling, no harm in trying it.


    In your previous post, you had mentioned that you know Aman. Please passs your idea through either Aman or any one of the core team guys. If it is OK with them, go ahead. I feel that any contact with the media needs to be co-ordinated with the core team.


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  • sujith1
    07-07 06:05 PM
    Yes - 485 can only be applied if ithe dates are current

    Thanks for the valuable information. But we all know the I-485 process take long period of time. Mean time if I marry again, do I have to wait for the priority date to be current in order to Apply I-485 for my new wife?


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  • GCAmigo
    05-22 12:04 PM
    ALL of them will fedex overnight to reach the concerned office by June1st..


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    04-21 03:51 PM
    Thanks Morchu for clarifying this. I do not want to be unlawful at anytime. That's why I am trying to understand this process as best as possible and then plan accordingly. so when you say this "You are NOT loosing "anything" by filing a second LC at the new location. You keep your priority date, and PERM is fast and I-140 processing time is 4 months or so" the only way to retain priority date is with approved I-140 .

    Secondly, I read online either at this forum or at Murthy that one can include as part of "ETA form 9089" (Application for Permanent Employment Certification) a clause which states that the person "may be assigned to various, unanticipated sites throughout the United States". Is it true? And is it used widely by employers to retain flexibility?

    Thanks a lot!!!!!!!!

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  • waitnwatch
    05-08 11:27 PM
    no offence taken njboy, i realize that you were honestly trying to help.... i was just trying to alert you that people could be sensitive to such things and during these times when we need to work together it just helps that extra bit to word our emails with care.

    good luck and hope we can collectively work ourselves out of this immigration mess.


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  • chanduv23
    04-22 11:58 AM
    There is a high possibility that more RFEs are being issued as there is a lot of background processing going on. Th economy is down and there might be instructions from top to review cases closely.

    A denial can happen when RFEs are not responded in time.

    From what I have been seeing on forum - all RFEs that people got for i 485 are not something difficult to answer.

    If you look at RFEs for h1bs - some are very complicated and these days Attorneys are charging around 3K for responding to RFE with no guarantee

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  • WeShallOvercome
    07-30 02:34 PM
    You are correct, they get a copy.

    but we do get the original FP notice , right?


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  • legalguy
    03-02 10:50 AM
    How important is it to have a letter from the client for h4 to h1. Though the person has the paystubs till date.


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  • snowcatcher
    05-22 08:02 AM
    I believe this is the transcript of the article that was referred above. It says March 2006 on it and it was done for House Subcommitee on immigration. Hope this link works.

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  • subba
    06-19 10:01 AM
    He says that is what he always used and he never had a problem.

    07-15 11:36 PM
    Do you guys see any issues if I-94 is expired but I-485 application is pending and the petitioner is working on EAD? Any thoughts will be appreciated. Thanks,

    08-13 10:12 AM
    Thanks Jayant,

    I will call USCIS with my receipt number to find out my wife's. I will post what they have to say.


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