Monday, June 27, 2011

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  • Dhundhun
    03-29 09:51 PM
    ---
    God forbid, even if they deny your H1B visa from your new employer, you should still be able to return to the US on the expired H1B visa since you made an honest H1B visa trip.


    How come sareesh will return on expired Visa (12/09/2006)?




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  • rsayed
    04-13 03:58 PM
    http://www.aila.org/RecentPosting/RecentPostingList.aspx

    http://www.aila.org/content/default.aspx?docid=22101

    Also, here's the Bill no. and Title -

    S.1092

    Title: A bill to temporarily increase the number of visas which may be issued to certain highly skilled workers.




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  • engineer
    04-02 02:19 AM
    I am at AOS stage with approved I140, EAD and AP. My PD is Nov 2005 and I am in ROW.

    I got following RFE.

    My original birth certificate doesnot show the name of my mother as local laws in my country don't put mother's name on birth certificate.

    My questions:
    1. How should I answer RFE ?
    2. Who should sign Affidavits ? My parents, grand parents , relatives etc ?
    3. Can anyone send me format of Affidavit please

    I will appreciate your help.

    Thanks,

    Sumbit the following evidence to verify the birth and parentage of [name]

    A photocopy of a birth certificate issued by the Local Registrar if the person named above was born in a

    city, or

    A photocopy of a birth certificate issued by the Additional Disctrict Registrar's Office if the person

    named above was born in a village.

    If a birth certificate doesnot list the names of both mother and father, or the child, secondary evidence

    must be submitted to establish parentage. Secondary evidence includes , but is not limited to , copies of:

    medical recors, government-issued identity cards, religious records and/or affidavist from atleast two

    persons alive at the time of birth. The oldest available evidence thats lists the names of both parents

    should be submitted.




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  • txuser
    03-10 03:57 PM
    Thats a valid question... sorry, but Im not sure on that - You'd probably need to check with an attorney...

    In my particular case, they filed for H1B transfer in Premium Processing.... So, I was told that the H1B transfer will be adjudicated prior to the L2 petition..... Eventually, the H1B transfer got denied and I got the L2 approval notice a couple of weeks down the line.


    I also believe that you can file for the L2 COS immediately after you come to know that your H1B petition has been denied. An attorney would be able to comment on whether this is legal or not.



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  • arunmohan
    01-10 11:15 PM
    I agree with sri1309. This is very very scary time. We need a special attention right now. Right now no one is sure that he will have his job tomorrow.

    We need to send a letter to Obama, Homeland Security Secretary and Ombudsman. Someone can take a lead to prepare a letter and that letter should be approved by IV.

    It is really important for us to take a decison by IV core because this is really a very bad time.

    Thanks in advance.




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  • Hopeful123
    08-14 08:56 AM
    Update: My case was approved today. I-140 , EB3 India PD - 03/24/2005, USCIS Recd: 05/25/2007 at NSC. Transferred to TSC in Aprl'08. Approval email: 08/14/08.

    Good luck to the rest who r in the same boat.

    Cheers!



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  • chanduv23
    09-30 04:33 PM
    I cracked up reading the post. I never really understood why they call us losers and locusts.




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  • sledge_hammer
    06-29 03:58 PM
    ^^^^



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  • perm2gc
    01-08 03:30 PM
    How about two differrent dates for getting the visa stampped? Husband will go on one date and wife on another date, will this work? And they have kid born in INDIA. Any chance !!
    The question is not when they go but what they are.As they know that doctors come here for visiting..apply for residency and convert their visa..




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  • crystal
    09-17 12:49 PM
    This will be a problem for all the people whose cases gets transfered from other centers to NSC or TSC. May be it is just the receipt date of transfer notice... Not the actual 485 application ? A clarification from USCIS would help



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  • Dhundhun
    06-11 07:03 PM
    Hello,

    I called USCIS Boston Field office today ( 800 # on the FP Notices ) and the Customer Service Rep told me that If we have already given finger prints then we can ignore the second FP notices. But she did not ask for any of our A# or Receipt #. I asked her to pull out my record based on 485 receipt # and verify if the finger prints we gave earlier are correct and we do not have to worry about the second finger prints notices. She said she cannot do that.

    SO, I got Infopass appointment for tomorrow. If at all, the officer says tomorrow that I do not have to worry about the second FP notices then what should I do ???

    1) Do they send any kind of letter in mail saying I should ignore the second set of FP notices. ( OR )

    2) Should I ask for any thing in writing saying that we are good with the finger prints we already gave and do not have to worry about the new notices (OR)

    3) Do they put any stamps and write on our new FP original notices saying Finger Prints not required for the second time.


    Thank you for letting me know.

    If they can endorse in any form on your notice (or other wise give any paper), it will be good for future. Otherwise I have heard that they just tend to say that ignore notice.

    In any case keep the record of your visit.

    Please update us.




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  • prem_goel
    08-18 04:22 PM
    If she uses her H4 Visa stamp to enter , will have to file H4 to H1 Chane of status to be able to work on H1.

    I think you probably can get the H-1B stamped as well and have your wife enter as H-1B.



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  • wandmaker
    08-06 04:47 PM
    Friends, I Received the magic email today!

    Yes - I cant believe my eyes, my I-485 has been approved today and card production ordered.

    I do have a question: I could not file for my wife's i-485 in July/2007. So, we filed for my wife's application on Aug/01/2008 (Did a overnight express mail on July-31st) as my PD is current as of Aug-1st. So far her application check has not been deposited.

    What will happen now? Is she out of status? I am getting really concerned. Gurus help me out?

    Thanks in advance.

    A green dot guaranteed for the response :)

    Some details:
    I-485 Receipt Date: July/2/2007
    I-140 Approval Date: July/3/2006
    PD: 02/02/2006

    Your wife's application has reached USCIS on 8/1 and your approval came in today. You are covered, nothing to worry




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  • senthil1
    07-02 09:46 AM
    I heard Changes must be made in I140 to do Consular processing from I485



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  • Ivyleaf
    10-07 03:41 PM
    my votes for bat. reflections are my fav :beam:




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  • a_yaja
    07-13 11:25 AM
    What will happen if primary case got approved but dependent case is still pending and at the same time, dependent H4 will be expiring soon??
    Actually my case got approved yesterday, my wife's not yet. Her H4 expires in September. Thanks.
    As long as her application is pending with USCIS, there is nothing to worry. My friend is in a similar situation. His GC was approved just 2 days before retrogression hit the previous time. So unfortunately, his wife's AOS application was not approved at the same time. She is still waiting for her GC to be approved.

    Your wife does not need AP if her AOS has been filed and she does not intend to travel outside the country.



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  • i99
    08-30 06:25 PM
    Sayanora,

    Thanks, I will let know if I get anything better.

    :)




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  • GLIX
    10-25 05:12 PM
    Yes, it is worth it if you're PD is current. I got my approval in less than 15 days and to think there even wan request for evidence. Everything was expedited. So am now filing my 485. But for those whose PD is not current, it does not make sense to pay extra for premium processing.




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  • needhelp!
    01-28 05:34 PM
    How can we be sure unless we ask them?

    Deepak Chopra is a medical doctor, so pretty sure he would have used EB immigration.. you think he was family based?

    Sabeer Bhatia is from BITS.. he studied here.. so I guess that would have been F1 first then started working here.

    I am not sure if Deepak Chopra and other above are EB immigrants. I was asking for examples of people from EB immigrants community.
    Thanks.




    greencard_fever
    08-19 05:49 PM
    Hi Friends,
    My PD is Mar, 2005 filed under EB2. Me & My wife got an RFE asking status for a particular period [like May 01, xxxx to Feb xxxx]. These dates exactly fall under just one month before graduation to OPT expiration.

    For my case �.. no issues providing evidence and everything is straight forward.

    But for my wife �.we have some issue (I think)

    USCIS wants her status from May 01, 2003 to Mar 01 2006.

    She graduated on May 23, 2003. She used 60 days grace period before applying for EAD.

    OPT from July 31, 2003 to July 30, 2004 [exactly one year and was looking for job�didn't find one]

    We filed H1B in April, 2004 so that she can start working from Oct, 2004 [H1B approved for Oct 2004 to Sep 2007 ..extension approved too�]

    But No status from July 31, 2004 to Sep 30, 2004 [USCIS issued a gap relief for all the F1 students like this]�.

    What are odds that her case might we rejected�any opinions here.

    Thanks,
    Jingi

    I was in the same situation as your wife when i graduated in 2003 with similar date's as your wife's..there was a notice released by USCIS in 2003 stating that there will be no problem for F1 students to remain in the country legally but not supposed to work provided if you have applied your H1 before OPT-EAD expires and the gap between the OPT and H1 start date will considered as waiting for Change of Status as H1B visa quota was ran out for the students who graduated during May time frame.

    Hope this help's and i do not have the link for that Relief notice but i have hard copy PM me if you need it for your RFE submission will fax a copy to you.




    veni001
    06-22 02:44 PM
    Make sure your LCA and H1B will be amended with the promotion first....

    I have been working with my current employer for the last 5 years in job title
    A (Software Engineer), which wasn't qualified for EB2. But now I will be been promoted to a significantly different job title and responsibilities B (Research Scientist), with the same employer and The requirements for that position are a Masters degree with
    one year of experience. Does this qualify for a EB2 ? Does EB2 require managerial
    experience i.e. should you be managing people or is that not a requirement? The employer will later file for a PERM labor in EB2.

    For the purpose of EB2 labor for the new position, I need to show 1 year of
    work experience.

    Question: Would I be able to use/show the work experience I
    gained when I was working in job title A with the same employer? i.e. Will I
    be able to use on-the-job work experience that I gained before I was promoted
    to the new position? Remember, the current job title B (for which EB2 labor is
    being filed) and requirements are significantly different from the previous job
    title A and requirements (which only qualified for a EB3). Have anyone got their
    labor approved in EB2 with work experience from the same employer? Are there any
    USCIS published documents that coult clarify this?

    I have my I-140 approved in EB3 and I have also filed for 485. Assuming the EB2
    labor certification gets approved, could I re-capture my EB3 Priority Date? If so,
    what is the exact procedure for doing that?

    Is the attempt to process my labor in EB2 completely independent of my
    existing EB3 labor and I-140? Will a denial of EB2 labor affect my existing
    EB3 approved labor and I-140?

    Thanks much for your time in helping clarify this.



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