Saturday, June 11, 2011

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  • zimmyneuro
    06-15 11:14 AM
    Dear Friends,
    Please advise me for the following relating to my birth certificate that I have to use for Immigration purposes.
    One or two alphabets of my name on birth certificate are different from my passport and secondary school. In addition, my family name is not included in the certificate. Rest of the information is all fine and matching with my passport and secondary school certificates( like DOB, Parents, Place etc)
    I have some questions
    1. Does the birth certificate issued by Indian consulate in foreign country is deemed acceptable?
    2. Do I need to furnish any kind of affidavit along with original birth certificate, if yes, please share the format for those, who is writing these affidavit and any specific stamp paper/value etc?
    3. Any guidelines in order to correct the information in my original certificate.
    4. Any other vital information in this regard

    Thanks you all.
    Zimmyneuro





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  • skynet2500
    11-24 02:03 PM
    Yes. This is what I am thinking. They are going to stay for 6 months anyways, I wanna take advantage of tax deductions if possible. Would getting an I-94 extension for a week going to be a problem? thanks.





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  • what4gc
    05-14 12:34 PM
    Mine was sitting in the mail box, no signature required.





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  • GCapplicant
    07-11 10:22 AM
    Its nice to see EB2 I moving forward...but will this fail the recapture bill for retrogressed countries?

    what is the position for EB3 ?I know it must have become a dumb question but would like to know any help for us?



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  • key_ket
    12-15 06:19 PM
    if you have bachelors and more than 5 years, you can definitely qualify for EB2. Good luck





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  • Pagal
    06-26 08:48 AM
    Hello,

    Great! Can work on content ... there is already a thread in Donor forum (http://immigrationvoice.org/forum/398888-post13.html). Would be great, if your efforts are coordinated with IV core ...



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  • waitnwatch
    07-18 12:00 PM
    The amount is not the main issue. Awarding of fees by the court means that the court believes that the USCIS had no real legal leg to stand on for delaying the case for 4 years.

    What it ultimately goes to show is that such unreasonable delay by the USCIS is plain bureacratic inefficiency and actually makes the bar lower for any future WOM cases.

    Also it sets a precedence and anybody who has previously got a favorable WOM decision can go to court to recoup legal fees.

    Wondering if this will open a floodgate - I guess the enhanced fees the USCIS is now charging will go towards paying these bills!

    All in all this is a severe reprimand of USCIS practices - Hope they wake up!





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  • malaGCPahije
    08-11 11:05 AM
    trueguy has a poll started for period from 2001 to 2004 and I have started this for 2005-2008.

    The limitation is that we can have maximum of 10 entries in a polling!!!

    Not sure if the core have more options.

    Trueguy's poll ends at "before Jan2004". Your poll starts from Jan 2005. I am Nov 2004 and do not fit in either :-).



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  • Canadianindian
    07-22 05:33 PM
    You can only move after 6 months of 485 filing. Then it falls under AC21. Now if you move, you have to start the entire process. Fortunately with PERM and PP for 140, everything would take less than few months.

    Hmmm, it happened to me and my company started new labor process through PERM. My second 140 is stuck for more than a year now.

    OR

    You can keep your primary residence at the original labor filed location and convince your company to allow you to work at that place for six months at least once a week.


    Thanks for your response. I am in consulting, and we generally travel.
    One of HR folks mentioned that my company may be able to keep me on the exisiting location's payroll, while I work in the other state.

    Did you come across such option.





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  • kanshul
    02-01 10:08 AM
    Honestly you are not in very good shape. You can't use AC21 so can't port your GC.

    If your old employer withdraws your 140 (which many small firms do) you won't get to retain your PD. Now some lawyers think you may retain your PD but it is debatable.

    Also, if you file your GC through a respectable non H1B dependent firm and your case does not go for audit, you will get labor + 140 within a year. Else it may take 3+ years.



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  • life99f
    05-21 07:34 PM
    Support!!!!



    We should have only one focus. Eliminate EB retro first. For that a simple amendment will be, 242K visa is open to both old EB and newly created merit system. That�s all. This amendment will eliminate the retro immediately. All other discussions and efforts are waste of time and energy





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  • gc_buddy
    11-18 02:35 PM
    Dear Members,

    One of the IV member recieved a phone call from Ombudsman office and is as follows.

    -----------------------------------------------------------------------
    I received a phone call (WOW!) from a sweet lady from CIS Ombudsman's office. I sent letters to his office and in the letter I mentioned my cell #. Anyway she wants a real person who got deniel. I told her that my friend got deniel (IVens are my fried). Anyway, she sent an email too after I asked her to give her info so that my friend can send her his case details. Unfortunately, the email I received shortly after the conversation, looks like general and does not have her ID. Please PM me if you like to hear more about the phone call.

    ==================
    Thank you for your correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman).

    We greatly appreciate your comments regarding issues concerning the American Competitiveness Act in the Twenty-First Century Act of 2000 (AC21) processing at the service centers. As we have received several inquiries such as yours, we are currently discussing these issues with USCIS and reviewing their policies and procedures regarding adjudication of these petitions.

    If you have evidence of a specific I-485, Application to Register Permanent Residence or Adjust Status case that you feel was erroneously denied due to USCIS not adhering to AC21 guidelines, we kindly ask that you please immediately forward us a case problem request, including a copy of your denial notice, detailed information as to the reasons for the immediate denial, and, if appropriate, evidence that you have submitted a Motion to Reopen or Reconsider.

    Instructions for completing a DHS Form 7001 (case problem) can be found on our website: http://www.dhs.gov/ximgtn/programs/e...l_0497.shtm#10.

    Please submit your case problem and supporting documents via email to cisombudsman@dhs.gov or via facsimile to 202-357-0042 with the subject AC21 Evidence of Immediate Denial.

    Thank you for your cooperation.

    Sincerely,

    CIS Ombudsman
    (cmp)
    ----------------------------------------------------------
    The issue is gaining attention. This is the exact time to crack it down. Guys, who have not sent the letters yet, please do now.

    With the issue gaining momentum, we will defintely get some relief for AC21 issues. Please do send letters



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  • Canadian_Dream
    07-25 01:51 PM
    Keep both applications going. Yes you would need a physical copy of labor to file the second one. You can later withdraw the first one when your second I-140 with a better priority date is approved. You can also interfile the I485 when your second I-140 is approved (based on your own labor). The only caveat is your priority date must be current when you interfile. Check Pearson Memo on Interfiling.

    Do the following:

    If you receive physical copy before AUG 17:
    1. File I-140/I-485 with your OWN labor before AUG-17.
    2. Do not apply for EAD and AP on the second one.
    3. Withdraw the first I-485 application when your I-140 on the second one is approved. (This will give you better priority date and no hassle of two applications)
    4. You can continue using EAD/AP filed with the first applications.


    If you don't receive the physical copy before AUG-17

    1. File I-140 whenever you receive the physical copy.
    2. In the mean while your current I-140/I485 application based on substituted
    labor will be processed as usual.
    3. You can receive EAD/AP (Try not to use it though !!)
    4. Whenever your second I-140 is approved and your priority date is current interfile the I-485 based on substituted labor with your approved I-140 with better PD.

    Good Luck.


    My company ( biggie US firm) filed 140 and 485 on a substituted LC on July 2.

    Now my own LC which was pending in BEC (and which has better PD) is approved. Can I file 140 on this? Since substitution is risky, I want to use this 140 for my 485 (over the substituted one) ? How do I do that?

    Do I need physical copy of my approved LC to file 140?

    Replies will be greatly appreciated





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  • gcdreamer05
    10-31 11:31 AM
    Hi All,

    I need urgent help and suggestions for my situations..

    I have been working with company A since March'2006. They applied my GC processing with substitute labor of Nov'2004 and got I-140 approved.

    In July'2007 applied I-485 which is pending for myself and my wife as well.

    EAD card has arrived recently with 2 years of validity till Oct'2010 both for myself and my wife. AP is also approved recently.

    With all this I am still on H1-B until 11/15/2008. Since it is going to expire, I have asked my employer to file for my extension.. They came up with very vague options and questions which I have posted down in bold with 1 and 2.

    1) We have filed your PERM application for the new position which qualifies for EB2. Please note that since you have an approved I-140, have filed your I-485 and have an EAD card, we will no longer need to maintain your H-1B status. Instead, we will withdraw your current H1 and save the remaining H-1B time left on this H1 for use in the future (if the need arises).

    OR

    2) If you wish to maintain your H-1B status, then (since your position has changed and we have filed a new PERM application on your behalf), we will need to amend your H-1B visa. Please complete the attached questionnaire at your earliest convenience and revert to me with a copy of your latest I-94 card. Please note that this is not an extension and so there is no need to file the H4 extension for your wife/family.

    Please advise which option you want to go with. I strongly recommend option #1, but it is entirely your choice if you want to go with option # 2 and maintain your H-1B status. Please let me know how you want to proceed with your H-1B status.

    If anybody come acrossed similiar type of situation or experienced already let me know and this would really help in taking the decision.

    It's very emergency..

    Thanks,
    Raj.

    Did you find out from your employer why they refuse to extend h1b , if you have pending 485, then you can still get a 3 year extension.

    Talk to them and find out why they are against extending h1b, may be it is their ignorance, or are they worried about paying the extension money i believe which is like 300$, in your best interest it is good to extend h1b than to use EAD...



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  • chintu25
    07-30 12:39 PM
    Did you have your A# with your I-140 approval??

    My guessing is that your I-485 has been entered into the system and based on your A#, you may see the LUDs for other approved/pending receipt numbers also.


    Yes I did have an A# on my I140 . But niether have I recd the reciept notice nor has the check hit the bank yet
    So
    what to make of it ?





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  • Libra
    11-15 11:20 AM
    At least after DEC visa bulletin don't you guys think its time to act? Lets meet and greet in MN.



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  • ab_tak_chappan
    09-10 11:11 AM
    Glad to see our EB3-ROW friends making some headway!
    Lets congratulate and feel happy for them instead of crying
    Category India Most Other Countries

    E1 Current Current
    E2 1 April 2003 Current
    E3 1 July 2001 1 January 2005





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  • saddaypally
    09-30 10:34 PM
    Hi All, I am on my H1B on the verge of my 5th year's expiration, in 3 weeks. My Labor was applied with Jan 2008 priority date and my Fragomen Attorney mentioned that as long as the labor was applied before the 5th year on H1B, I should be able to get 1 year extensions until my Labor gets approved. The issue is what happens if my Labor application gets screwed for some reason? I wouldn't be able to get extensions on H1B andhave to return home. To alleviate that situation, I was wondering if I could apply for another Labor through a 3rd party company as a future employee and depend on it if anything goes wrong with my Labor which is awaiting approval. I just heard from a consulting company that a clause has been added to the rule which permits companies to apply for Labor for candidates on a future employment basis and this would prevent them from applying for such cases. Is it true? I want to know my options to make necessary preperations in either case. Any insight on this issue would be very much helpful and appreciated.

    Thanks,
    Shravan





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  • sunshine2007
    08-27 04:55 PM
    this is a EB3 case and i'm the primary applicant not my spouse





    rajuram
    04-04 07:55 PM
    here is the correct link:

    http://www.goinglobal.com/countries/India/india_visa.asp





    ak_2006
    04-14 01:16 PM
    Enjoy this Good moments!!! and thanks for sharing.



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