пятница, 10 июня 2011 г.

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  • meridiani.planum
    02-29 12:09 PM
    If your company is financially strong and can prove that they can pay your salary, then you will not have any problem. If your company is small and have only couple of consultants working and the earnings are less then you might have issues.

    correct. Ability-to-pay is one of the 2 major causes of I-140 denials (education qualification typically being the other where you have a 3 year degree and your LC said 4).

    If your employer is in good financial state you should be ok, if not, you might get a denial., so start preparing right now. Stay on H1, dont use EAD, just to be on the safe side... If you get a denial appeal immediately, and start another LC from another employer. Hope htat your appeal goes through (many people have successfully appeal ability-to-pay based denials)




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  • reedandbamboo
    09-15 12:00 PM
    Singhsa,

    Good idea! See you there.




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  • gc_chahiye
    10-26 03:52 PM
    W... For regular applications, they don't even have a column asking for any valid reason.
    ....

    Right. The Initial Evidence section of the I-131 form. Under section I part C 1 b. on page 4 (page 4 in PDF, page 3 printed on that doc) does mention this:

    An explanation or other evidence showing the circumstances that warrant issuance of an advance parole document; or

    but the very next line is that the alternative to this is a copy of the USCIS receipt of your 485. So just USCIS receipt (or even receipt number) should be good enough for us (or if you filed all three together, dont even need that).

    Anyway to OP: ask your lawyer to apply, you should not face any problems getting it.




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  • kvranand
    08-18 04:19 PM
    This process will extended the life of H1's by another 3 years for those who are in their 6th year of H1 with priority dates in their 6th year. :)



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  • 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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  • austingc
    08-17 02:32 PM
    Hello,
    My I-140 got denied based on my Education.

    I have 3 yrs + PG Diploma which is equivalent to US Degree according to my education evaluation.

    Experience:
    - 6 yrs of OUTSIDE USA experience
    - 5 yrs of USA experience including 2 yrs of experience with current company.
    - I am working as FULL time with an American Company at present


    The JOB Description for PERM was:

    "Bachelor’s degree in Computer Science plus 5 years experience; 3 year Bachelor’s degree plus 2 year post-graduate diploma in Software Engineering and 5 years experience acceptable. "

    Gurus, please help me providing some info, if there is any chance of getting it approved if I file a Motion.. or what should I do next?

    Since it was denied on Aug 4th this month, I have 30 days to reopen this case..

    Please advise me..

    Thanks in advance..

    Regds,
    Raju
    Raju,

    This is not enough information to provide any advise. What is the reason USCIS provided in the denial letter. You only provided the PERM details and that does not help anyone.



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  • immig4me
    11-03 11:05 AM
    Interesting...
    1 way plane ticket - a maximum of $500-1000.
    Put them in a police bus/army truck = 50-100 per head
    Finding the criminals = priceless!

    Couldn't resist :D:D




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  • milind70
    10-15 10:45 AM
    Hello Gurus,
    I am EB3 India with PD September 2002.

    After all these years of endless waiting I am called for
    an interview at the local office in Philadelphia
    in Nov 26th 2007.

    Here are my details:
    Labour Applied: September 2002
    Labour approved: September 2003
    I-140/I-485 Applied: April 2004
    I-140 Pproved: August 2004
    Got married: August 2005
    Applied I-485 for Wife: June 2007
    Current Status of Wife: H1-B
    Countelss EADs and APs for me and a recent EAD approval
    for my wife with her AP still pending and status is still H1-B.

    In the beginning of this year, I resigned from the
    company who was the original sponsorer of my GC.
    I then started contracting on hourly basis and worked for
    a decent hourly rate for the first half of this year.
    Finally I got a full time offer with decent salary and
    benefits and took the job. I started working for this
    job - remotely and also took up another contracting job
    on an hourly basis (Got greedy as I waited too long :-))
    and started working on both these jobs.
    The point is - it is a different technology and not even
    remotely connected to my original job where my Labour
    cert was applied and approved. I was a developer
    back then and with all the experience, I couldn't
    continue as the pay was too low and no growth at all.

    I can have a letter of future employment that
    states that I have on offer in the same technology
    in which my original labour was applied and approved
    and that is not a problem at all.

    Please advise me on how to go about it. I can
    afford to pay and take the best attorney with me
    to the interview - some one who is very well known in
    the Philadelphia area.

    Any inputs/advise are really appreciated.

    IMP: Icing on the cake - my PD was mentioned wrong in
    the interview notice - it says april 2004 !!
    That was when my i-140 was applied and not labour.
    My labour was applied in September 2002 !!!
    Advise on this is also appreciated.

    Thanks a lot.

    I think you should be fine, just be confident dont waiver in interview.
    Stick to what is on paper.
    Regarding your PD it is of utmost importance that you get it corrected now
    than later, I had a friend who had a PD of May 2001 but his PD was detrmined to be may 2004 his attorney raised a query and got it corrected.
    I think in your case because have put your 140 date as PD since PD is usually determined at 140 stage and u have filed concurrently,make sure you bring this upto the notice of USCIS and get it corrected .



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  • SunnySurya
    07-13 12:49 PM
    Reading your post, it seems that it is better for me to do nothing (option A).
    talk to an attorney.
    I have a similar problem with 2 485s, one as primary, one as dependent. The PDs are 18 months apart, and both are not going to be current in August. Had ending up filing both in the July fiasco because both attorneys were dillydallying on filing and we were hoping atleast one gets through, now both did.
    My attorney is now advising me NOT to withdraw one on my own, because USCIS in its own confusion might end up withdrawing BOTH petitions. This also happened to someone recently on the forum (I-140 in one case got denied, and all four 485s were denied, without USCIS realizing that 2 were tied to another I-140 which is still around). He believes we will either get an approval outright and the second petition will be automatically nullified, or we'll get an RFE.




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  • Nikith77
    01-20 02:50 PM
    LOOKs Goooood



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  • va_dude
    03-07 01:21 PM
    1. yes, if u use ac21, you can get ur h1 transferred too or opt to use your ead.

    2. when u start new employment u fill out an I-9 form and will provide your ead at that time. It basically means you are using your ead for employment, which will automatically invalidate your h1b visa. so i don't think you can do the transfer at a later time.

    3. no idea

    4. no idea




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  • randip2k10
    07-15 04:30 PM
    Hi urpal,

    I am in the same boat and would be travelling later this year on AP. In case you are travelling earlier than December, please do share your experienceS at the Port of Entry. In my case i would be travelling thru Dulles airport



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  • sdas
    12-02 10:28 PM
    but, the title of your thread sure sounded like an AD. You could have titled it as "Need advice on H2-B non immigrant visa" or something like that..




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  • kpchal2
    03-17 10:34 PM
    HI
    I am in a very peculiar situation. I have been exploited twice by my previous employers who applied for my green card but ddid not let me know what the situatuion is. here is my situation

    company A applied for my green card on Nov 1 2004. Labor got approved in Feb 2006. Applied for my I-140 in Feb 2006.

    Changed company to Company B in May 2006.

    Company B applied for labor in May 2006. I-140 from company A got approved in July 2006. (please note that this is I-140 from company A). The Labor for Company B got approved in october 2006. I-140 with company B applied in Nov 2006.

    Changed company to Company C in Jan 2007.

    Company C applied for labor in May 2007. Labor approved in May and I-140 applied in May 2007 itself. Now ironically I-140 for company B and Company C got approved on the same day.

    I was totally amazed with 3 green card applications and did not know what to do and what my priority date was and so called USCIS and got transferred to the second level. From the conversation it looked like my labor priority is coming from Nov 2004 from my first application. Is this possible. Is there anyway that the USCIS people are trying to help me. The guy was literally telling me Nov 2004 was my priority date. Now should I be thrilled about it or is it just me and this is another stroke of their stupidity answering.

    Can some gurus tell me how I can find my priority date. Please help me. I really want to know what my priority date is and wjhat my application category is . How can I find this information.

    Thanks



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  • aarbi
    06-27 12:46 PM
    syendu1, what is your exact RD? They are processing Dec 06... knowing the date would be helpful. thanks




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  • sri1309
    04-11 10:43 PM
    Gator,

    I would be positive that since RFE wasnt answered on time, USCIS knows that it denied it very probably only on the fact that RFE wasnt answered. Now if you MTR using a decent attorney, then there is a good chance that you will get approved. Make sure you have all documentation in place. Refer to "I-140 denied, urgent help, please" forum also in immigration.com's site.
    485 can be reinstated if I140 is approved again. There are cases to get MTR cleared in less than a month.
    I can imagine how it feels, but I am sure you have a chance. Go to a big law firm and a good attorney.
    Sri.



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  • gc_bulgaria
    09-29 02:10 PM
    We got FP notice along with EAD card in mail today. The appointment is for a date when we will be traveling - has anyone gone to New Orleans office as a 'walk-in' and gotten their biometrics done?




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  • GC_quest
    05-25 06:32 PM
    Some of the salient points concerning legal immigrants in the CIR bill in its current form:

    1. Bingaman amendment caps the EB green cards at 650,000 which includes derivatives like spouses.
    Comments: Previously we had 290,000 for EB green cards, but we also did not have the increased number of H1Bs and the new guest worker category H2C which is around 200,000 every year and soon they will be eligible to apply for the EB green cards which essentially increases the number of people eligible to file every year. not sure when H2C workers are eligible to file for green cards. I think H2C applicants for green cards are exempt from cap till 2009 (Pls correct me if I am wrong). Can expect a significant relief from STEM applicants. Don't know about the cap for Family based applicants

    2. STEM applicants exempt from cap even if they have not been working in exactly the same discipline as their STEM master�s degree.
    Comments: It is VERY essential that this part of the bill be preserved in the upcoming debates for the final version since one significant relief from derivatives being exempted has been removed thanks to Sen. Bingaman. Don't know how the derivatives of STEM applicants are going to be considered.

    3. No hard limit on countries. Soft cap protects visa numbers from being wasted by their downward flow.
    Comments: This is definitely going in the right direction but I still feel the exemption of derivatives and STEM provided the biggest break for EB based applicants

    4. File I 485 even if priority date is not current.
    Comments: Provides relief where spouses can't work and can start using AC21 provisions.

    Looking at the above provisions point #2 is very important to all EB categories because this is the one that provides most relief from the cap of 650,000. If anyone would like to add to these comments pls do so.... I might have analyzed certain provisions incorrectly.

    And finally congratulations to all volunteers and contributors to IV for a job well done!




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  • tikka
    06-07 04:28 PM
    please Contribute.
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    munnu77
    09-29 03:59 PM
    HI,

    My company filed my Perm on Jun 4th 08 but it is not yet approved. My H1B is in its 6th year and will end in July 09. I was wondering if I would get an extension , even if my Perm gets denied for some reason.

    I just want to prepare for the worst case. Can any one please help with some information.

    What are my options to get a H1B extension.

    Thank you,

    dont worry..it took my frnd almost 4 months




    FinalGC
    03-30 10:44 AM
    Yes, their AOS is applied......



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