Thursday, June 9, 2011

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  • Gator
    04-11 08:10 PM
    Today I found out that my RFE wasn't answered at all as opposed to being late.

    Bascially, the attorney screwed me. My company wasn't happy with them and was in the process of moving all existing cases to a new firm and my RFE was supposed to be one of the last for the old firm. And apparently they didn't send it out, quoting miscommunication from my company that my case was transfered to the new firm as well.

    So does 'not answering an RFE at all' change anything for my case or can I still do MTR and then appeal as suggested by the members.

    And it seems like MTRs take at least a year in most cases. So is it a valid option to file a new I-140?

    Appreciate your help and advise

    fyi..I did not file concurrently but my I-485 was denied the same day as my I-140.





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  • indyanguy
    08-24 03:05 PM
    In the past EB3 was eligible for PP before EB2 was eligible.

    http://www.murthy.com/news/n_eb3140.html

    I've heard rumors that this will happen again. I don't understand the rationale though.





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  • shadowbuddy
    03-15 02:14 AM
    Hi All,

    I need your help and suggestions. In November of last year my wife and I submitted our medicals and AOS applications. Our checks were never cashed. I informed my lawyer after a month of not seeing the checks cash and raised the question then. They replied that there is a lot of mail going through that room and just wait a bit more. Another month went by, nothing. Then another.

    Here it is March 2009 and my lawyer finally contacts USCIS to find out that they cannot find my original application. (no receipt notice was issued) During the entire last year and right up until March my Prioirty Date was always current. Now there is SEVERE retrogression and my PD date is now not current.

    We have to refile. I re-wrote the checks and we are submitting the package again.

    How can we demand that our application be accepted based on the original filing date of November when we were current?

    would the dated medicals prove that we submitted in November. Who would get their paperwork done then sit on it for months right?!?!?!

    How do we challenge USCIS based on their error. My lawyer said they have a delivery confirmation for the original application however I have not seen that.

    thanks!





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  • fittan
    07-16 09:54 AM
    Guys,
    I am not here to spread rumor or give false hope...but I came across this article in WSJ. It says that the USCIS may allow some earlier July filer....I don't have an account so I cannot read the whole article.

    http://online.wsj.com/article/SB118455917060167397-search.html?KEYWORDS=uscis&COLLECTION=wsjie/6month

    Fittan



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  • Top Causes of Smoking



  • engineer
    07-23 10:28 AM
    can one ask NSC and see if they have cashed check > they should be able to tell us by our last , frist name, social security etc ?

    Where is the link of USCIS memo which talks about following

    "There was a memo from USCIS for in-time receipt compliance for I-485 ( along with other forms) for 8/1 supposedly for June filers."





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  • kosars
    09-12 09:44 PM
    i had tb 5 years ago,and i am perfectly ok but in x-ray still has scars.what should i do?i have a lots of tention ?becoz in gc medical exam is compulsory .even though i am perfectly ok now still have scars.plz suggest me what should i do?

    you probably will be refered for specialist evaluation and then cleared after that. donot worry, scars does not equate to acive TB.



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  • “Smoking causes premature



  • kartikiran
    11-11 11:56 AM
    Almond, even i used to think "so close and yet so far". but now have understood, i was never close to begin with...:(
    it is better to accept the reality than trying to live with fool's gold like i did for about 2-3 years...
    So close and yet so far...so damn far.





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  • chanduv23
    11-07 09:37 PM
    also try http://www.desicrunch.com/



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  • hebron
    10-11 06:56 PM
    That�s what exactly I am trying to find here. Since I am not USC or GC, would they take my complain seriously and I want to remain anonymous. Is it possible?


    Yes, They will take you seriously. Just complain to DOL.





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  • mgos
    07-21 10:10 AM
    Legislatively, is there a way the bill can be revived? If so, can we involve the democrats by lobbying through the south asian/indian caucas?



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  • gc_on_demand
    12-03 03:47 PM
    A friend of mine has got 221G from the New Delhi consulate. He works directly for the company there is no client involved here. The consulate has requested the details of every single employee of the company along with their immigration status. My friend is trying to get that information from the employer.

    Any suggestion at this point????

    I don't think consulate ask details of all employees if size is 5k or more. Further more you can tell officer that it is impossible to get wage details of all employee. I hear some time some desi companies gives w2 of all employees etc.. would consular officer show his/her w2 ? but since our desi companies feeding what they need , they ask what ever...





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  • saurin
    02-08 04:32 PM
    I have a question to concerning my employment status. My manager recently told me that I should look out for a new job within company or outside. I am assuming he is saying that a layoff is looming out for me. I am currently on H-1B/EAD and my wife is also working on EAD.
    I can inquire about the prsopects of getting leave of absence which will help me in getting through the immigration process since my priority date is Feb. 18,2005 EB2 India. So I am almost there.
    But I am not sure what happens if there is a RFE asking for paystubs.In that case I may not be able to produce paystubs from my company since I am on LOA. And not from any other company since I have an H-1B, I cannot be working for any other company also.

    So which is better, LOA or termination of job? Hard choice..



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  • a_yaja
    12-29 11:49 AM
    so you can setup your own LLC. start hiring people?
    You can start LLC and hire people to work for that company. But if you try to apply for H1B for any of the employees, you should be prepared to:
    1. Show business case that the H1B is for permanent employment (at the minimum for the time-period you seek H1B validity)
    2. Show that you have the ability to pay the H1B worker atleast the minimum prevailing wage

    If the company is new (less than 2 yrs old), it might be difficult to show that you can pay the minimum prevailing wages, unless you have cash reserves to show that you can pay atleast 6 months salary for all employees.

    I wanted to go down the same route - asking a friend (American Citizen) to setup a LLC and hire me on a part-time H1 so that I could do contracting work - but I talked to an attorney first - and he advised me against it and pointed out (1) and (2) above.

    Bottom line - I have to wait till I can file for 485 to do any kind of part time contract work :(





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  • gcformeornot
    03-24 06:00 PM
    How come h1 transfer gives me the solution?

    do you mean to say goto any employer whoever gets job?
    Start New GC process again with new employer. And since your old 140 is approved port your PD when when you file new 140 with new employer.



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  • yetanotherguyinline
    10-16 12:56 PM
    Me and my wife used AP at SF airport couple of months ago. The process was very smooth and IOs know exactly what to do with this document. However you will be sent to secondary and you will have to wait there for around 30 minutes (sounds like normal process everywhere else too).





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  • deba
    07-03 06:07 PM
    What if previous employer withdraws approved I140 after changing jobs? In my case it has been more than 180 days after approval of 140/485. Is the PD still portable?



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  • zerosine
    06-25 01:33 AM
    Hi, I hope this is the correct forum. I entered the US on an Australian passport with a tourist visa issued in London in Nov 94. After 6 months my lawyer got me a business visa extension for 6 months.

    Long story short I overstayed and lost both passport and I 94 and the lawyer who had the copies of the docs no longer has the records. I married a US citizen in 2006 and had a child and would like to adjust my status, however I cannot prove legal entry.

    Is there anyway to find records of either my original visa, I-94 or extension so I can file the rest of the paperwork?

    Thanks for your help in advance.





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  • ashwin_27
    12-09 02:36 PM
    From all the updates and information shared so far, it seems pretty clear that if the DREAM Act fails, it will make it extremely difficult, politically, for any EB or non-EB related immigration legislation (piecemeal or otherwise) to be introduced in Congress over the coming two years. So irrespective of whether visa recapture is a part of this bill or not (and we know that it is NOT), what happens to DREAM is very important from an overall strategy point of view.

    I am just interpreting what is out there.

    Brothers, i just want to know why we are happy with this DREAM thing or i am missing something. why do we care about this?

    Please tell me if it has something for us.

    Thanks

    MC





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  • wandmaker
    02-23 11:02 AM
    Hello Sir,

    I'm in H1B visa, so also my husband.

    In this time of recession, i fear if I'm laid off, wanted to seek your valuable guiance on the following:

    - transfer my status from H1 to H4? have all pay stubs in tact.

    / You can transfer to H4 as long as you have all the paper work /

    - return back to H1 B status once I find an opening with new company? All I will need to do is transfer my H4 status back to my same H1B visa?

    / Yes, COS from H4 to H1 /

    - visa in passport is originally stamped for Oct 2009 when I came from India, and I have my new I797 with validity date as Apr 2011. Do I still have I797 as valid even if I'm laid off?

    / Your H1 petition will be valid until it is revoked by your employer. It does not matter whether it is valid or revoked. Filing COS from H4 to H1 will put you back on H1 status as you will not be coming under the cap /

    Please let me have your views on this. Highly appreciate a speedy response.

    Thank you in advance,

    Shivani:confused:

    See Inline.

    Please update your profile





    AK_GC
    02-13 12:50 AM
    I feel your pain. Here is my advice. Talk to your local Senator. I have been in contact with my local senator since Nov 2008. Finally, i got my I485 approved on 10th Feb, yet to receive cards though.

    My senator, the longest serving in the senate history, contacted at least 3 times with USCIS, as recent as Jan 28th. So just take their help, dont even hesitate.


    Our priority date is not yet current but that seem like a good idea. How do I go about finding who to contact.





    seltzer
    02-12 03:42 PM
    Yes, that is not only possible, but safer than using EAD. If your I-485 is denied for whatever reason, you still have H1-B with which to keep working. Once you use EAD, you lose H1-B status, and if I-485 is denied, you are out of status and must leave the country immediately.



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