Tuesday, June 14, 2011

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  • waiting_4_gc
    07-18 06:48 PM
    Since on 2nd July they said they will reject the AOS application, what if they would have done some rejection during that time, and by the time July filers get their application back, it is after 17th of August. In that circumstance, can you send the AOS application back arguing USCIS's mistake and ask them to take it back after 08/17 and would they take it back politely or reject it again.


    Its going to be another lawsuit :confused:




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  • GCwaitforever
    02-07 09:12 AM
    From IRS point of view, parents are considered dependents if you are taking care of them at home. You could bring them on visitor VISA mentioning that they will be here for medical treatment. You may have to show proof of Insurance etc ... in the affidavit of support. Medical exprenses are costly here. That is the only problem.




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  • beautifulMind
    11-27 04:31 PM
    to be fair to USCIS they did try to get out of the fiasco on july 1 by moving the dates back again Eventually they were forced to accept it again..

    They clearly knew this was cash cow so why did they want to cancel it in the first place..

    Its a lot of money and its definitely a lot of work as well..There are also no signs of hiring new stafff..most of extra cash they getting is being pumped into other gov projects so the staff is still being overworked and I am sure will be complaning




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  • harish357
    03-15 12:26 AM
    I believe that you need the actual diploma (you send a photocopy of it to USCIS) for getting counted in the M.S. quota. Most schools give the diploma once you have finished all requirements.

    How come they cannot consider my EAD, Official transcripts, Graduate status letter?
    Regarding Status letter, I have seen students applying like this and getting query later. What do you say about the students graduating in May (who files like me with OPT card and status letter) and applying for H1 in April?



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  • gc_chahiye
    04-20 01:06 AM
    Hope this answers your question.

    wow! that was such a great description of all the events. Very nice! thanks a lot.

    To the previous poster: yes, I am going to be more active this time, both in terms of contributing as well as calling my local lawmakers. Cant let history repeat itself!




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  • sargon
    07-09 12:14 AM
    http://seeker.dice.com/jobsearch/servlet/JobSearch?op=302&dockey=xml/9/7/974f8dfa5aa7d67486264fef13a9dbbf@endecaindex&source=4&bb=1

    Thought the least I could do was to name and shame such pimps. Though I seriously doubt if such folks are capable of feeling any shame.



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  • gc_chahiye
    08-26 09:47 PM
    Here's my story, I'll try to make it short. Aug. '04 LC applicant. Filed for I-140 & I-485 (conc.) in Feb. '07. FP done in April. Received an e-mail from USCIS on 8.17.07 stating that an RFE letter has been issued for me on 8.16.07. Last friday (8.24.07) called my attorney, she said they haven't received it. She said they (their law firm) have changed their office location and informed USCIS in general, but not for each specific application they have filed, so it might take 3 weeks before we receive the FRE letter and usually there's a 30 day deadline for applicant to respond. Well, I got scared a little. I called USCIS customer service. The operator said she doesn't have access to specifics of case, e.g. nature of RFE letter, timeline for response (30, 42, 84 days) & etc. She also said there's zero chance for an extension to be granted to the applicant, if he can't provide the requested document within the timeline allowed by USCIS.

    I called my attorney again. She said she had mailed all documents along with the application, except for previous work experience (which will be from my home country since I've worked for only 1 employer since I came to the U.S. in 2004)

    Now my question is:

    1- What if I don't receive the RFE letter in time?
    2- Any loops to gain an extension if I can't make it before 30 days?
    3- Any ways to find out about the nature of FRE letter?
    4- Does this mean that I'll easily lose everything including 4 years of waiting if I just don't receive the RFE letter in time and can't provide them with what they're asking for? (Someone please answer NO to this question! :( )
    5- Any advices, suggestions, similar experiences, ideas or solutions?

    I appreciate any kind of feedback on this, since I'm almost shaking in here!

    If you dont respond to the RFE because you did not even receive it, they will deny the I-140 because of abandonment, however you can immediately appeal and it will be re-opened. you have 30 odd days to file the MTR/Appeal; talk to your lawyer to confirm.

    If you suspect the RFE is for work experience letter, make sure you have a copy ready (Fax it over to your attorney ASAP; USCIS only needs a copy, not the original). If there is some other issue like your education not matching teh LC requirements, get the equivalency evaluation done asap.




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  • ragnarok
    07-19 11:45 PM
    The current status of the case is said on my first post.

    The case did change numerous times.



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  • amitjoey
    01-04 04:10 PM
    I know we missed the Dec 31st goal, but sounds like we brought in new members at a faster pace than in the past.
    Hopefully all these new memebers will be active participants and donors.

    Thanks for your quote, just the same thought on my mind.




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  • Prashant
    01-22 07:30 PM
    Thank you IV,

    I really appreciate u folks whatever be the outcome ....

    Thank you once again.



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  • tabaching
    10-22 12:43 AM
    Gurus pls help,

    Here's my situation.
    I'm a derivative and recently got an interview notice.

    1) My spouse came here with H1 status (without me). Because my spouse's company can only start processing my H4 visa, 3 months after my spouse start date. Since it will be difficult for us to be thousands of miles away, we decided to use my tourist visa and come here so that I can join my spouse. So, I came here initially in B1/B2 status (around February 2006). After 3 months (around May 2006), I got a job offer from one company and was willing to sponsor my H1 visa. During the H1 processing, I had to go back home for emergency. Again came back to US using B1/B2. After I came back, we got a RFE asking for the new I-94. Then, my H1 was approved around November 2006 but only started getting paid around May 2007 (after I got a client).

    If asked during the interview, when I started working? Should I answer November 2006 (when my H1 visa was approved) or May 2007 (when I started getting paid bec I got a client)?

    2) Late last year we went to Canada and our I-94 was not taken from us. We were told that it's because we will be in Canada for few days only. Hence, we dont have a new I-94 in our hands. Currently, we're still holding old I-94. When we filed our I-485, the last entry date we entered was based on the Canada trip so it wont match the date with the old I-94. Will this cause a problem during the interview?

    Please let me know your thoughts. Thanks




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  • gandalf1234
    02-10 04:27 PM
    Thanks a lot guys .... Now I am waiting for actual card and welcome notice . I hope to get it in 10 days .

    Good luck to you all .

    its being long journey for me and got totally frustrated after getting rfe on 140 but i guess god is kind to me .

    Thanks,
    gandalf



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  • LookingForGC
    12-16 12:18 PM
    As long as your employer didnt revoke your H1, and you are in same employer from the beginning, you are fine to re-renter to US.

    Friend of mine had the same experience, and he entered with no issue in 2005. Not sure if anything changed after that.




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  • logiclife
    02-15 12:03 PM
    One more thing about stamping in Canada and Mexico.

    The chances of getting a new H1 stamp, even if you have another H1 stamp that's expired, are very low if you have no college Education from USA.

    So if you have your college degrees from outside USA, its best to go to home country for stamping. The reason is that the consulate would simply pass the buck and say "Go to your home country for stamping as we do not have qualified people to evaluate your education from India/China/whatever".

    On the other hand, if you have MS, or BS from USA, then visa stamping should be a fairly easy process, unless there are other complications in your case.

    Then you would have to fly directly from Canada to your home-country for stamping.



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  • dish
    03-23 11:46 AM
    Is the talent bill already introduced in the senate ?



    TALENT Bill
    A bill to Keep America Innovative �Through the Advancement of Legal and Educated New Talent�
    H-1B and Nonimmigrant Visa System:
    � Exempts U.S. Educated Knowledge (USEK) workers with advanced degrees from the H-1B cap. (�101)
    � Restores H-1B1 visa numbers to the overall cap. (�201)
    � Creates a market-based H-1B cap where unused visas fall forward annually. (�201)
    � Establishes a �W� visa for professionals as a first step to permanent residence that permits entry or change of status to the new nonimmigrant category under the condition that the employer files a labor certification or immigrant petition within 18 months of initial admission. (�201)
    � Eliminates 214(b) for certain non-immigrants. (�203)
    � Extends foreign students� post curricular OPT to 24 months. (�203)
    Employment-based Immigrant Visa System:
    � Revises the current EB-1, EB-2, EB-3 and EB-4 worker preference categories, exempting an expanded EB-1 group from the EB cap, including USEK workers who have earned an advanced degree. Additionally, exempts the expanded EB-1 group from the requirement of labor attestation. (�102)
    � Subjects the revised EB-2 and EB-3 group of workers to the annual cap and either labor attestation without recruitment or labor attestation with recruitment. (�102)
    � Subjects the revised EB-4 group of workers to the annual cap and labor certification. (�102)
    (OR in the alternative)
    � Exempts USEK workers with advanced degrees from the EB cap. (�102)
    � Exempts USEK workers with advanced degrees from the labor certification requirement. Recognizes that American employers need to hire the best-qualified personnel, and not just �minimally qualified� labor, to remain competitive. (�102)
    (AND)
    � Creates a market-based EB cap where unused visas fall forward annually, and exempts EB-1s, while eliminating per-country quotas. (�202)
    � Includes reconciliation language that allows those pending in the EB backlogs to file for an immigrant petition, without regard to the EB cap. Such an adjustment of status application could not be approved until a visa became available. (�102)
    � Exempts EB immigrant spouses and children from the cap. (�202)
    Additional �Band-Aids�:
    � Requires a pre-certification processing system for petitions. (�301)
    � Enforces AC21 30 day and six-month processing times. (�301)
    � Extends L-1 status in one-year increments for those caught in the EB backlogs. (�302)
    � Provides for continued work authorization and travel upon a timely filing of a renewal application to extend authorization for 240 days. (�303)
    � Permits work authorization for spouses of specialty occupation (H-1B) professionals. (�201)




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  • devikas81
    06-16 08:12 PM
    EB2 India..My 140 has been approved in May.07, also got EAD/AP but my employer doesnt want to give me Receipt Notice or Approval Notice of 140... So can i leave this company and join different company...
    Pls. advise



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  • la6470
    03-13 01:24 PM
    I heard companies like TCS Wipro HCL (all desi outsourcing firms) have now started to again apply for H1B instead of L1...are they doing green cards too?




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  • gbof
    10-06 10:02 PM
    irrational - Sorry to say this is little bit unlucky case. This happened to me also. My case got transferred to VSC from TSC in July 2009 and from then it is sitting there with no progress. Taken info pass but no use. (Yet to think about the next steps!).

    I applied for EAD and AP in Aug last week and got the approved copies in Sep second week. I sent the application to TSC.

    mmanurker - Can you please tell me how long your application was present in VSC? Also did you do anything to move it back to TSC or NSC.

    My little daughter's got shuffled from TSC-VSC (NBC?) and after several months got a mail transferred back to TSC. I talked with IO twice, one time I was told they got it back in last oct and this evening I wanted to know if it is pre-adjudicated, IO said it does not show in their system....To follow it is so frustrating




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  • mohanrajgoyal
    06-02 04:42 PM
    Hi,

    I also went through similar scenario with my WIFE EAD. We didn't receive the receipt notice for her. When we called Texas Service center, CS told us he can't regenerate it again. We got the approval email on Saturday night.

    Filed on April 7, 2008
    Approval Email on May 31, 2008




    prem_goel
    06-12 05:00 PM
    i got an rfe too. I think its sent to both the attorney and the applicant. They said they mailed the RFE yesterday, so hopefully by early next week I should have it. I am guessing its employment verification due to me filing change-of-address. i know for sure that my ex-employer did not revoke 140.




    ameryki
    07-21 03:28 PM
    Please help called Customer Service and they were clueless!



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