Monday, June 27, 2011

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  • ufo2002
    09-01 06:02 PM
    The testimony only goes to show how much MORE incompetent USCIS is going to become if CIR passes... 35 million applications + more!!!!
    Why bother with paperwork, wave some hands and declare all of them legal.




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  • andycool
    01-27 07:13 AM
    Can he add an amendment to divide spillover equally between EB2 and EB3 India. This will help a lot.

    Even if its only for Phd's ....40,000 More Visas will be available for EB2 and EB3
    i think EB2 Back log will be wiped away just in 1 year and fall down will be there for EB3.




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  • GCard_Dream
    04-27 04:12 PM
    Do you have a link to the news or the bill itself? If so, would you please make that available.




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  • tikka
    06-22 09:30 AM
    My laywer has adviced me that the skin test is mandatory


    The Tb (skin test) is mandatory..



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  • eagerr2i
    07-16 11:37 PM
    W-2 is from the employer, that you got paid. Tax return is form 1040 you filed with IRS




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  • ivar
    02-07 09:43 AM
    Congrats ivar - you are now a free man!!

    My humble request - please do contribute to the cause that held you back for so long. If not financially, then through your efforts in advocacy & legislator meetings - every little bit counts.

    GCHope2011, I haven't stopped contributing yet and planning to continue my contribution (Donation) for a while (maybe another 6 months). I have this habit of visiting IV everyday, so i am checking back today.



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  • wooster
    07-11 02:11 AM
    I had the same thing happen to me, applied PP on June19, it reached on 20th got approved on June21. Status still shows pending, but the lawyer got the approval notice with an A# to boot...

    Just to update, I got a CRIS mail that I was approved on the June21 and the online status changed to approved today....thats more than 2 weeks after the lawyer got the approval notice...snail mail seems faster then online notifications....why is everything so Topsy turvy with these guys only !!




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  • 123456mg
    07-20 02:59 AM
    Immigration attorneys normally send more than required documents to avoid getting RFEs later on. In this case, the reason people send W-2s (though it is not mandated) is to show that you were working and were making approximately equal amount that was mentioned on you H-1B LCA.

    There are various factors to consider here:

    1. If you know that your H-1B LCA had substantially higher amount and you did not make that much (cause you were on bench or any other reason), it would be far better not to send it. By sending your W-2 in such case, you are actually weakening your case and the AOS officer is going to find it out and will have RFE for it and later you will have a lot of explaining to do.

    2. If you know that you made almost similar amount as mentioned on your H-1B LCA, then you will have to send all W-2 from the time when you were last inspected or paroled by the US immigration officer. Do not give anymore than what is really required of you. By giving unnecessorily more information, you may cause additional issues later on.



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  • tnite
    09-30 11:31 AM
    I also have soft LUD on 09/26 and 09/29...But i dont know what to read into it.

    I did have a LUD on 09/05 and 09/08 and then RFE was issued. Responded to the RFE on 09/22 . LUD on 09/22, 09/23 ,09/29 and 09/30.
    EB2 India Mar 2005 NSC
    There were atleast 7-8 cases from NSC on this board who received RFE's.




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  • ak_2006
    11-09 12:15 PM
    I completed the form.



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  • satishku_2000
    02-21 02:34 PM
    In last report at Nebraska service center they were processing I 140 EB3 cases with receipt date of June 13th, Now they are processing applications with receipt date of Aug 02nd ...

    That sounds like a very good movement and unbeleivable...




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  • lazycis
    02-18 04:27 PM
    "The spouse and children of a person who has previously immigrated to the U.S. may be entitled to obtain an immigrant visa at a later date. If you would like to see if you are eligible for follow-to-join status, please send us (consulate in India) a copy of the principal applicant's permanent resident card or I-551 or a copy of the principal applicant's passport pages indicating admission to the U.S. as an immigrant. Please also submit a copy of your birth certificate and/or marriage certificate. The documents must come with a letter of request clearly indicating the name of the applicant(s) and all relevant contact addresses and telephone numbers. Once the Immigrant Visa Unit has determined you are eligible for follow-to-join status, we will contact you and provide instructions on how to apply for the visas."

    In this case baby would qualify for follow-to-join visa.

    I do agree with wandmaker that having child in the US is much much more preferable.



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  • SlowRoasted
    06-25 05:23 PM
    did this poll get lost in that hacker attack? just wondering.




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  • cdeneo
    04-02 10:12 PM
    Related question:

    You get on the EAD track and take up a contract offer. Now as I understand it, AC21 will not apply to the contract offer and the contracting employer will not give a letter stating to continue the GC process since you are on contract. If the original sponsoring employer revokes the I-140 petition (I-140 approved and 180 days have passed post 485 submission), this would basically cause a NOID and the only way to not have the 485 filing denied would be to reply to the NOID with information of a full time offer in a same or similar job and the new employer willing to continue the GC process - is this accurate?

    Again, this is merely assuming that I-140 is revoked by the employer who had started the GC process once the employee leaves and takes up another job on contract using EAD. This would mean that there is risk in this scenario (where the I-140 petition is revoked) to take up employment on contract.

    Would like to hear from others of what they think about this?

    The deal is: GC application is for a future job offer. That means, the company that files for your GC tells the USCIS that they will employ you in the xyz position once you get the green card.

    According to the law, you are not required to have worked for that employer at all. Therefore, yes, you can get an employment letter from any employer (180 days after filing I-485), as long as the offer is bonafide, the job is full time & permanent, and the job duties & occupation is similar to the one mentioned in your labor certification.

    Technically, you can work for a company like TekSystems on EAD, and when time comes, provide USCIS with a bonafide employment letter from any company that wants to hire you when you get the GC.

    Now, some people have raised concerns over the question of "intent". How do you reinforce the fact that you indeed intend to join the new employer when you get the GC? For this reason, when people switch jobs using AC21, they generally go to work for a company that will give them the employement letter.

    Ofcourse, the above discussion is in light of what we know today. The USCIS is working on modifying some of the provisions, so things may change a bit in the near future.

    Ams



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  • mambarg
    07-27 07:04 PM
    How did the attorney sign the form when you had not signed.
    I had to visit my attorney's office and sign all the paperwork in his office before he filed my app.
    I belileve if the attorney is remote, then he needs to send fedex package to sign the docs.

    Attorney signs only as a rep if there is legal issues or court apperance is required.

    Applicants signature is used to prepare the EAD card . USCIS scans the signature of applicant.




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  • desidas
    01-23 08:28 PM
    Ramba,

    Please advise

    I dont work for my GC Sponsoring employer anymore and I dont have H1B either

    Will it be any issue at Port of Entry if they ask why I am not working from my GC employer anymore?

    I changed jobs using AC-21 and working on EAD now and H1B not valid anymore



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  • akilaakka
    10-05 12:44 PM
    If the information he said to me is true.

    He is from India.

    EB 2 NIW. Filed concurently in Sep 2005. Got his card and his wife's approved few weeks ago




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  • JulyFiler
    10-08 06:15 PM
    FWIK, EAD is just a work permit. It does not give you any status. So you have your H4 to keep your status and EAD to work.




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  • reddyram
    07-18 03:24 AM
    That is to frighten you. US law : You can leave anytime. Indian law ? maybe they can take u to court and pin you down - but they have to serve u ...and u r in US
    Leave man........




    nixstor
    08-24 04:14 PM
    Did you consider the 20k cap for Masters students? If they can plan to graduate in summer instead of spring they can safely use all OPT and get H1B with out pain. I know many guys who didnt use all of OPT (used half of it) and landed on H1B to be in status. I agree with the loan situation you mentioned though.

    I think thats what SKIL is trying to do by making OPT 2 yrs. It gives the much needed leeway for students to move from F1 to H1 and finding a better employer instead of running to consultants for H1B.

    B T W Are you the same guy who was looking for Pre approved labor on the other site.




    wandmaker
    04-04 01:34 PM
    I work as a software engineer in India and the US branch of my company has filed a L1-B petition by September 2008. The petition got denied by Nov 18, 2008 stating that I don't possess "specialized knowledge". Knowing that I am the only person who possesses knowledge of one of the company's product, we filed an appeal to re-consider by Dec 18, 2008.

    The USCIS moved the case to AAO by Feb 9, 2009. After which there is no status change. The status of the case as reported by the USCIS web site is:

    Application Type: I290B, NOTICE OF APPEAL TO THE COMMISSIONER

    Current Status: Appeal/Motion/Certification sent to Administrative Appeals Office for review.


    Two months have passed by and I don't know how much more time it is going to take. Can someone please tell me how long this process is going to take?

    Should we just withdraw this appeal and re-file again? In the meantime can I opt a B1 and work there a few months until the L1-B is approved?

    If your resume portraits a product customization or support then in the USCIS eyes, you do not posses specialized skills.... Additionally, The initial evidence (including resume) that your company has submitted is not sufficient enough to prove that you posses that specialized skills. Your company also has a base in the US so the availability of US worker in the same skill is very much possible with in the company - Hence, USCIS denied your L1. IMHO, your appeal may not be fruitful....



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