Wednesday, June 22, 2011

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  • jvsap
    05-25 11:03 PM
    Hi,
    Thanks for your response. I am really worried about RFE. My Employer advised me we need reply them quickly in 1 week so that they feel we are serious.

    Mine is BE+5years, applied under EB2 CATEGORY.

    My employer advised me create a document which explains the Job Duties and responsibilites etc project by project. I have 9+ years of experience.

    Usually my employer will contact attorney directly.
    My EMPLOYER is saying
    all documnets including resume, experience letters, etc.

    Can any body explain me what exactly uscis is expecting from me , what kind avidence they are expecting in RFE ?

    RFE Reason says:



    Please provide documents such as position descriptions, the percentage of time spent on the various duties, organizational charts, and payroll records demonstarting that the qualifying experience gained by the alien while working for the employer, including as a contract employee, was ina position not substantially, i.e., not requiring performance of the same job duties more than 50 percent of the time to the position for which certification is being sought, and/or documents demonstarting that it is no longer feasible to train a worker to qualify for the position.

    Thanks
    jvsap





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  • Madhuri
    07-03 04:20 PM
    My I 140 applied on May 1st, case number starts with LIN...so it is being processed at NSC. I am worried about this, since I don't see any approvals from NSC lately, although the cases filed in June first week are approved. These cases processed at TSC.

    Anyone knows the timeline when I 140 premium will start?
    My H1 expires on Spet 11 and I need to get extension.





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  • anilsal
    10-13 08:35 PM
    "The time is always right to do the right thing".


    Enough said. :)





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  • looneytunezez
    09-14 04:53 PM
    hmmm, interesting....
    anything specific against JAVA or general observation...!!!

    Obviously Java train will derail but in the long run .....

    BTW, this is not so good, as it might just be the beginning of the end.
    What is to stop them to refuse all immigration....remember its not a right! make you pack your bags and leave, if they want.
    then java or no, all will have to leave....well atleast coffee should be cheap!



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  • panky72
    05-08 05:09 PM
    I am curious too.

    scenario looks simple but would like to see the real cases.

    I am completing 6 yrs on H-1 in June. I have applied for 3 yr extension with the same company in march. I-140 is approved and 485 is pending. My lawyer said that there wont be any problem getting 3 yr extension.





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  • mrajatish
    12-14 10:21 AM
    Yes, they have and EB1 has come under scrutiny for that. People can always find ways to abuse a system but for the general mass, it is not an easy route. Plus, companies like TCS, Infosys will never apply for GC in mass - they do not want you to stay in US, they want to you to stay with them.

    For smaller companies, it is much harder to justify EB1 multinational category. However, I know of a couple of friends in a leading Investment bank in NY who got transfered from London branch and got GC in EB1. These people manage billions of dollars of portfolio and in some ways, are very valuable to their company. So you have to justify value to USCIS as an employee of the company.



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  • eager_immi
    03-13 11:00 AM
    Yes, most people get VISA stamp bc of interntaional travel not bc it looks good on ur passport.
    why do you want to do that - unless you have international travel plans ahead. even if so - the best bet would be getting it done in india. i dont see that many people were successful in obtaining visa from canada, who dont have masters from USA. my2c.





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  • rb_248
    12-06 12:45 PM
    Hi Fittan,
    I am July 02 filer, I would like to apply for AC21 to move to new employer. New employer has same job title and same job description.

    My priority date : Jan 20,2006 EB3 India
    I-140 approved in Sept 2006
    I-485 filed on July 02 2007.

    I think I can move to new employer from Jan 02 2008. Is this correct?

    I would like to change the attorney also. Please guide me for the required documentation from my side and new employer side. Thanks in Advance.


    Regards,
    Sree.

    What is the receipt date on your receipt notice? You must calculate 180 days from that date.



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  • memyselfandus
    03-20 09:36 PM
    As far as I can tell, your situation is really bad. Without H1/L1 you can not bring her in this country period; unless, she comes on her own student/h1/L1 visa.

    As far as adding her on to your I-485, it can be done when your PD is open/current. If EB3 06 is concerned, it may not happen for next 10 years. Please think seriously even marrying her on your current status.

    All the best...




    Dear friends,
    Please advise me on this issue.
    About me:
    I have EAD and EB3 PD 2006 India. I don’t have H1B and I am planning to get married in INDIA
    What is the process of adding my spouse name in my pending I-485(Follow to join). She is not here and will wait in India till my PD comes current.
    What document I need for the process.
    Thanks
    Jet.





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  • desi3933
    06-21 11:33 AM
    Try to spend your time typing something useful :)
    Have you seen my other posts? I am helping other people but shouldn't we do some research before putting any questions?
    Thanks.
    Have a good day.

    Link if anyone needs...
    http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/8d3d061006d75c47852572ff00687697?OpenDocument

    I think this thread should be merged with this one
    http://immigrationvoice.org/forum/showthread.php?t=5402


    Admininstrator??

    See above in Blue.

    Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
    -------------------------------------
    Permanent Resident since May 2002



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  • bigboy007
    08-08 03:15 AM
    I did the same thing in September 2008, when I filed my renewal forms for both EAD and AP. I called the Customer Service Center the next day and informed them. They made a correction online. I also sent them a cover letter stating the mistake I had made in switching the last and first name.
    All these corrections were not reflected on the receipts. However the EAD and the AP itself had the correct first and last names. I guess, they use the A number in the system while issuing these renewed documents.
    You should be fine.

    I did the same mistake... I included the details in a separate letter to NSC but the FP Notice received has the same error , did you guys face the same problem ? was ASC able to change it on their end. When i called uscis Cust service numb they asked me to write it in letter rather no Service request be created .. Please post your updates...





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  • aksaharan
    09-28 06:19 PM
    This ant voting rights for NRI has been in news for last couple of years now.. lets see when it gets done. Certainly helps people moving back home.



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  • getrdone
    11-08 03:26 AM
    and another back log reduction center





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  • myimmiv
    07-14 01:42 PM
    Thanks dreamcumtrue. You post is indeed a positive one. As you have said that your receipt number remained the same, were you able to track the application online using this number. I mean did it change its status as the reapplication was processed - from Pending to Approved or it stayed approved all along.



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  • immigrant2007
    03-22 10:46 AM
    Before we start contatcing them please make sure what we need...
    Two simple things
    1) Elimination of All backlog immediately. Everyone retrogessed to get gc on day one. None of the new guys illegals to get GC unless all legals pending as of then(EB and FB), have got thier GCs no matter which country quota crap or FB to EB and vice versa bullshit.
    2) Citizenship relief for retrogessed.
    3) In future if there are not VISA numbers lost, if so they need to be used to next country. and more clear definition of EB-FB , FB-EB w.r.t country quota.





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  • snathan
    09-17 09:15 AM
    Gurus,

    I have a question regarding duration of legal status, as determined by the I-94 card.

    - My brother's current H-1B ends on Oct 31, 2008.

    - His company applied for 3yr H-1B extension in July, till Oct 2011

    - The petition was approved and it has the approval notice date of Sep 5, 2008.

    - My brother had to travel outside the country due to business reasons (left on Sept 9, returned on Sep 12).

    - At POE, he got a new I-94 based on his current H-1B, with validity up to Oct 31, 2008.

    1) My understanding is that his H-1B status in the country ends on Oct 31, 2008, as determined by the new I-94. Is this correct?

    2) If the above is correct, then what are his options? As far as I know, there are two:

    a) Leave the country before Oct 31, 2008, apply for a visa, and return with the new visa and get a new I-94 at the POE.
    b) Apply for an amendment or extension of stay? I am not sure how this works, but I have heard people talk about it.

    I will really appreciate if someone could share their thoughts and experience in this matter.

    Thanks.
    PS: I apologize for opening a new thread


    At POE, he got a new I-94 based on his current H-1B, with validity up to Oct 31, 2008.

    -As this I94 is latest one, the validity is still Oct 31 2008

    - Either he can travel outside the country, get the visa and come back and get new I 94

    - Otherwise go to the nearest CBP and get adjusticated. I am not very sure about the term. There were other threads in this forum about this. So please search.



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  • kshitijnt
    02-07 08:45 PM
    As long as you are following laws and can justify reenter any time. My friend has made 3 trips of 3 months duration on B1 visa. I believe it should be fine unless you are asking them to reenter after every month





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  • gcpadmavyuh
    01-25 04:58 PM
    My MIL's extension of stay was denied in Apr 2008, while her actual I-94 expired in Jan.

    I have done quite a bit of research on this one. I personally wrote letters to the American Consulate in Mumbai, the CBP officers in the US, and even talked to the POE officers at the port of entry where my MIL was planning on entering. All of them confirmed that one could come back after the denial provided he/she left within a reasonable amount of time after the denial. I specifically asked all of them about the applicability of 222 g, they assured me not to worry. American Consulate confirmed that my MIL's visa is still valid and is not revoked. My MIL left within hours of the denial email.

    When I called up nearest POE, an officer looked up my MIL's immigration records and confirmed that as long as she pans on keeping her visits short, she is welcome to visit again without requiring another visa.

    With email trail of my conversation with the CBP officers, and assurance from the POE officers, my MIL visited us here in the US last year, stayed with us for around 5 1/2 months and went back recently. She did not face any questions at the POE when she entered.

    So, in general, it might be ok to come back after a denial of extension. I would call your intended POE and ask them if your parents/relatives could come back.

    with recent happenings, I would avoid Newark though. ;-)

    Good luck!

    Hi All,

    I was wondering if any of you or your parents have faced any problems at POE while entering US after a B2 visa extension of stay denial. My mom was last here in 2007 and we had applied for an extension. But we got the denial notice about 2 weeks after her I94 expiration date. She left within a week after getting the notice which means 3 weeks after the I94 date. She is now planning to come after a gap of 2 years. I was wondering if she will have any problems at POE and if they will give her 6 months stay. The last time i spoke with USCIS at the time of denial they had assured me that her visa is still valid. But i have read a lot of contradictory information online. Will really appreciate some help and insight on this.

    Thank you.





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  • smmakani
    05-23 07:06 PM
    What if my manager/supervisor is on pay rolls of both companies client as well as consulting company's....:D :D :D :D

    I never heard about this before but you are safe.





    paskal
    07-25 02:47 PM
    to the long road ahead of us...
    we will engage ama and aapi and everyone we can in this effort.
    btw make sure you provide all the requested info so that your membership is approved. do it sooner- their is a conference call this weekend. we will discuss ama and what we can do among other things.





    Dhundhun
    10-19 04:44 PM
    My friend initially came on H1 visa. Her Husband was the primary applicant for Green Card and she was working on H1 visa without break. Now she is on EAD and joined a job in EAD got 2 months pay stubs( ie 8 weekly pay stubs). After that got 3 months break. Her status now is on I-485 and no more on H1. Note: Her husband was the primary applicant and she applied I-485 through her husband's GC. Now will the break in her work on EAD be a problem for getting her GC?.

    No.

    Thanks for the replies... Now her Husbands Gc is approved and she is waiting on getting her's. But now she is on her EAD and I believe once she changed and worked on EAD she is no more on her H1 status. Her status should be I-485 status. So does that still means that she needs to be working without break, to maintain the status?

    She does not need to work because she is not primary applicant.

    Her EAD was obtain based on her Husbands being the primary applicant of the Gc. While her husband received the GC she was working on her EAD. Her husband has clean record in the employment history with no break and is still sticking to the GC sponser employer.



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