Wednesday, June 15, 2011

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  • doudou
    06-25 06:31 PM
    Hi all,
    My attorney (a great guy by the way) filed my I485 without my employment verification letter. When I raised the question, he argued that the employment verification letter cannot be a ground for denial and that worst case scenario will be USCIS sending a RFE.
    Is it true that it is not a ground for denial?
    Is is possible to send it it separately to complete the file?
    What would be your advice?
    Thanks is advance.





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  • Better_Days
    12-01 12:55 PM
    Guys,

    I want to know what are the chances of getting I-140 approve if we file a new petition and current I-140 appeal process is pending with USCIS. My I-140 was denied on education basis. In denial notice USCIS wrote that we did not prove that my 3+3 (Diploma + Engg degree from India) degree is not equivalent to B.S in Computer science from Labor certification.

    Guys please share your experience with me since its important for me to get I-140 approve for future growth.

    Thanks

    To answer your original question, my I-140 under EB3 was denied on the basis that my 3-year Bachelor in Computer Science was not equivalent to a 4-year BCS degree. I appealed to the AAO and attached an evaluation from Sheila Danzig.

    While the AAO was pending, I started the process from scratch by filing a new PERM and my second I-140 was approved. So I guess it is possible to file a new I-140 while the original one is under appeal.





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  • Sakthisagar
    10-21 10:37 AM
    Like Ron hira mentioned, try to take a look from politics and 'election' perspective.whether he wins or loses, always tries to be in the news. just ignore.
    earlier we have this kind of nonsense from Sen.Sessions and earlier to that Sen.Sensenbrener . These kind of people come and go, but how much they can achieve? Do they really know the implications of what they talk? my sincere guess is 'nothing', other than just want to be in the news

    We do not have problems if everybody is ignoring this guy grassley but that is not the Truth. USCIS takes it seriously and issue a memo upon his letter which makes our Legal immigrants life miserable! What do you say for that.

    Example: The infamous Employee employer relationship memo of Jan 18th came out from this B*** heads letter to Mr.Mayorkas.





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  • Ramba
    10-05 05:01 PM
    getting rejected in EB2 does not impact your case for EB3 (they might look up that older file and see that it was rejected because of education qualification for EB2, but does qualify for EB3).
    You will probably get an RFE at I-140 time. USCIS will either reject this case, in which case you will lose this complete GC process and need to restart from scratch (so you'll lose maybe 1 years worth of place in the queue). Or they might ask you to accept this in EB3, in which case you dont lose your LC and the PD that goes with it.

    If it is certain that he/she is not eligible for EB2, why should apply in EB2 and get denied. It is better to apply in EB3 to get it approved. The best option is apply in EB3 now. After few years (once he got 5 year exp), apply new LC and 140 with EB2 and transfer the PD. That will be the wise decision. In the current situation, it is funny to talk about EB2 and EB3 for a persion with PD 2007, particularly Indian orgin.



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  • jonty_11
    07-05 12:46 PM
    Maybe politicians involved - only when powerful politicians are involved such things happen - USCIS/DOS does not do such things on its own.
    How about the fact that it was related to CIR to shut up the Legals asking for Ammendments in CIR, ,,,,as CIR fell apart, they took away our bait too.....
    It seems too simple, but only makes sense...
    Remember this has never happenned before in the history of VBs





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  • psk79
    06-06 02:31 AM
    Don't worry. You should have signed on teh signature waiver section so that they leave it int he mail box. I signed it but still it was received by some uscis person with a different mail box. But mine reached there on 30th and just yesterday my checks are cashed. Looks like there are a ton of applicants, so be ready for some receipting delays...



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  • karthikgk
    02-19 07:01 PM
    Thanks guys for making the effort to understand my situation.

    i now need a couple of clarifications:

    pune_guy, you are spot on in your interpretation that it would be a hard sell for an EB-2 application with the current employer.

    So now, if I do change a job, I would have to use my EAD and hence I would have to join as an engineer(Because my understanding is, even though my current role is Business Development, my GC application is for an Engineer role and hence any new job based on EAD would have to be that of an Engineer).

    Is that understanding correct?

    Further, the new Eb-2 application from my would-be employer would be for an Engineer position.

    Are my assumptions correct?

    Thanks much





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  • indianabacklog
    07-27 09:32 AM
    I don't think its required to work 100% while you an EAD, most of us apply EAD for spouses along with us, but how many are going to start work?
    EAD is like a free pass to "living". You have the choice to work, not to work, work for yourself, change employer when you wish etc.

    However, if you are the primary applicant if at all possible stay with your H1B employer and let your dependent have this luxury.



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  • eb3_nepa
    07-20 03:49 PM
    Hello Gurus,

    I have a question about H1 and L1.

    Is it possible for one human being to have a simaltaneous H1 and an L1 visa AT THE SAME TIME. Now before everyone starts thinking i am crazy or laughing hysterically, let me explain my logic.

    I have an H1 in a company who has a partner in Canada. I am thinking if i can somehow (IFF possible) without giving up my H1, get a simaltaneous L1 from the Canadian company in a sister concern of my US based company, then my wife could get an L2 and hence get a work permit.

    So the plan is:
    1) KEEP the original H1B
    2) Get the Canadian partner to sponsor A PARALLEL L1 for a job in a sister company of my current company.
    3) Apply for an L2 for my wife and get her work permit/SSN.

    Now my questions are:

    1) Is this possible AT ALL?
    2) Can the L1 be extended? and is there any problem/caveat with L1 visas as compared to H1B?
    3) My 6 years of H1B are up in 1.5 years so would my wife still be able to keep her L2?

    Gurus can you give me some guidance. This tactic can be used by more of you as well, if you are a victim of retrogression and your spouse cant work.





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  • Dhundhun
    11-30 02:13 PM
    There are cases getting RFEs for photos / even if photos are sent, for not sending letter explaining reasons for AP and for not sending copies I485 receipts.

    There are several approved cases without letter or I485 receipts.

    But when I did paper based AP renewal, I made a packet of the following and recommend making similar packet:
    Packet with top right (application for AP A#...)
    .... I131 Application
    .... Envelop (on cover describing that it contains photo and check)
    ........ Two pictures with name and A# on back
    ........ $305 check in favor of U.S. Department of Homeland Security, USCIS
    .... Copy of I485 Receipt Notice
    .... Copy of previous AP
    .... Photo Ids (all)
    ........ Copy of Biographic Pages of Passport and
    ........ Copy of DL and
    ........ Copy of EAD
    .... A Letter stating reason for AP, expecting delays in GC due to swing in PD, nine years of wait.

    Refer to http://immigrationvoice.org/forum/showthread.php?t=18737 at the end of first post also.

    In this approach, there is little chance of getting RFE due to missing items and photos also will remain safe inside the inner envelop, until required.

    Update: Received both APs in less than 2 months.



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  • GIC
    01-09 03:07 PM
    Extrapolating the Einstein equation E =mc2 I get the following results :


    EB3 June 01

    EB2 Dec 2000

    Extrapolating like ... combing E= MC2 and the theory of relativity it is evident that there will be a lot of folks converting energy to mass (read fat) for a relatively very long period of time???





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  • trueguy
    12-12 06:11 PM
    DOS/USCIS had a co-ordination meeting to discuss how to prepare for the upcoming holiday's. The outcome of the meeting was to push EB2 cases as back as possible , so that people really can have a good time enjoying holiday. (When I say people read it as USCIS/FBI/DOS and lawyers ).

    :)
    I work for Federal agency as contractor I know very well how things work during the holiday season.

    Happy long long holiday's you all.



    All this fuss is for Jan'08 visa bulletin. What Holidays you are talking about in Jan'08?



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  • freddy22
    07-20 09:34 AM
    The Board of Immigration Appeals has ruled, in a unanimous, en banc decision, that an adjudication of youthful offender status under New York law does not constitute a judgment of conviction for a crime under the Immigration and Nationality Act. The BIA also held that the respondent's subsequent resentencing following a probation violation did not convert the youthful offender violation into a judgment of conviction. The ruling confirms that the enactment of a statutory definition of "conviction" (INA � 101(a)(48)(A)) as part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) did not affect longstanding BIA precedent holding that juvenile delinquency offenses do not constitute convictions under the INA.





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  • sanjay02
    07-28 02:47 AM
    Hi
    My PD is Nov 2005 , I had I-485 interview in Feb 2009, because dates werent current I was given a letter saying "Your case has been continued because of VISA unavailability"

    My question is if I claim unemployment insurance would I have issues in GC adjucation? ( Since my case is already pre-adjucated)?

    Thnks



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  • heywhat
    10-24 01:37 PM
    I gave you green .. be happy .. and keep helping others

    Someone gave me a red dot for this post. Why?? Now folks think twice before trying to help someone on this forum, you might get a negative reputation.





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  • glus
    04-29 10:54 AM
    Hello,

    I have been on H1 for last 3 years and had applied for 485 last july as dependant for my spouse's AOS. My spouse is primary applicant for 485. I have my EAD also. I am worried that I may get RFE if I file for an H1 extension. If I am not able to respond to RFE and my H1 extension gets denied will this affect my I-485 in anyway. I am wondering whether or not to apply for H1 extension and just use my EAD.

    NO, it will NOT affect you I-485.



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  • supers789
    07-15 12:12 AM
    When PERM was applied.


    I was audited on 6/09 and Fragommenr responded on 6/30...No response so far and I have emailed my Fragommen paralegal the following questions;

    1. Typically how long does DOL take to respond to an Audit?
    2. What kind of response can I expect? Will it be an approval or a further Audit?
    3. What % of cases get a further audit after a response is filed to an initial Audit?

    I will send out a response when I hear from him.

    Side question: Is my Priority date the date when PERM was applied or the date the PERM will be approved?

    Thanks.





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  • anilsal
    01-20 08:56 PM
    A passport is provided to an individual as a sign of his citizenship.

    I wonder why they are doing 1 year passports.





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  • vcurichmond
    08-21 12:35 PM
    JULY 19th Filer Checks got encashed.

    My I-485 checks got encashed on August 20, 2007. I filed at NSC.

    VCURich





    pointlesswait
    04-07 09:33 AM
    i think ur employer/lawyer was retarded to send a check dated 2005..as far as i know.. check have a validity of 90 days..(atleast most of them do)

    anyway..tough luck brother !





    eilsoe
    10-03 07:58 AM
    Actually lost, that's not a basic form, i do it all the time!! :P

    It's the easiest way really. The gradient tool sometimes gives you weird colors when fading to tranparent..

    Nice one lost! :P



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