Tuesday, June 14, 2011

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  • amitjoey
    06-18 11:43 AM
    can you guys suggest how to proceed with my cases... where i am totally screwed up.
    When I started to work in usa I was working for an employer in NJ after an year I got a better job offer and started to work for another employer(for whom I have been working for last 2 years).
    Last Month I applied for my I140 with current employer work experience letter and co-worker letter (of my ex-employer in NJ). Now that I have an RFE for my I140 requesting me to send employer experience letter of my ex-employer. When I called up my ex-employer he was rude to me and firmly denied to provide any letter and hanged up the phone. Due to this RFE I am not able to proceed with my I485. Please let me know how to proceed...Thanking you all in advance.

    Yes, Please work on getting the letter and replying to the RFE, But that should not stop you from filing I-485. Pending I-140 is okay for I-485.





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  • EndlessWait
    12-13 06:34 PM
    January 2008 Visa Bulletin and Predicament of Unmarried Indian EB-2

    India has a tradition of family match-making marriage that more or less determines the timing of a marriage for a single person. When the EB visa numbers were open a few months ago, the unmarried single EB-2 worried about premature approval of their I-485 applications before they would have married and often talked about the way to delay approval of I-485 applications until they would marry. The January 2008 Visa Bulletin and the State Department prediction for the EB availability in coming months have removed such worry from these Indian professionals. However, in an unanticpated twist and irony of the development, they will instead face a different problem, to wit, their future spouses may not be able to apply for a following-to-join derivative EB immigrant visa benefits for a long time. Considering the amount of time the future spouse will have to wait to file for the immigrant benefits, it may be important for these EB-2 Indian professional to take at least two actions. These unmarried Indians have maintained a H-1B status to bring their future spouses in a H-4 visa status so that they are not separated after they marry. This strategy will become more real and critically important, meaning that they should keep staying on a H-1B status and not using EAD and AP. If they returned using AP, they may at some point of time, reinstate their H-1B status before their H-1B validity runs out. The other action which they should take is to file concurrent EB-2 and EB-3 I-140 petitions using the same EB-2 labor certification. Since the EB-3 is more favorable or at least will have a cut-off date rather than "unavailable," in certain situation they may maneuver the immigration rules that permit transfer of pending I-485 applications between EB-2 and EB-3 during the period when the visa numbers remain current for him/her. Such maneuver may at least allow the spouse to file I-485/EAD/AP. When EB-2 becomes more favorable, they may have to transfer the I-485 applications back to EB-2 petition. This maneuver is not a good option for everyone as it will require a log of juggling. However, some earlier priority date EB-2 Indians may dare to venture such juggling because of their unique circumstances that require filing of I-485 application for the spouse. It is something to think about and people should seek legal counsel.

    I hope this info useful for our fellow members.

    Thanks,
    Ram

    r u an attorney , desi consultant or some nonsensical person...whats the point of this on IV...admin pls close this thread..





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  • morchu
    05-21 12:39 AM
    I believe he just meant to say "not possible with one 140".
    He just mentioned it in a confusing way.

    "A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date."

    The petition mentioned here is an I140 for EB1/EB2/EB3.

    So it doesn't hurt to have more I140s approved. Whenever you do a "subsequent" petition, you just claim the earliest priority date (of the already approved ones).


    I understand two I-140s, one existing (EB-3) and second new I-140 (EB2), but you have also mentioned more. Why need more than two, in what circumstances?





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  • Rb_newsletter
    07-15 06:06 PM
    When I went to Canada from LA, one of the airlines staff did not even know that he has to take the I-94 out. And when I told him that he must take the I-94 then he called another airlines staff. He seemed to be aware of I-94 stuffs. I wonder if my I-94 card went to correct customs/immigration file.

    I wonder why can't US immigration stamp on the passport when we leave the country. How can we trust an airlines staff? How do we know the airlines and it's staff are trained properly on immigration/I-94 process.



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  • bheemi
    02-20 11:20 AM
    Hi,
    i would like to convert EB3- pd to Eb2.
    My sistuation is like this . pls help mw if you know if this is possible:

    1.With My current employer :I have EB2- labor approved and i-140 also approved with PD of sep 2005.
    2. My current employer has Eb-3 approved labor with PD of june 2003 of some other employee and can be substituted for me and get I-140 approval.

    Now question is : Is it possible to port PD of the Eb-3 approved labor substituion and after i-140 approval of substituted labor to my EB-2 labor.

    If it is possible how exactly PD is convertible..means will the attorney need to mention to use PD of EB-3 at the time of applying I-485.

    When exactly can apply for PD conversion..at the time of applying i-485 or i-140 ..

    If somebody clarify me that is great .

    Thanks





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  • furiouspride
    08-10 06:57 PM
    Why would IV not support a bill like this? Wouldn't this not make all our current problems go away?



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  • nvishy
    05-12 09:36 AM
    You have no other option except to wait in Toronto. If the consulate decides to issue visa, then there is no need to go to stamping in India as they will issue the visa themselves.





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  • aandrew_19
    07-26 07:21 PM
    Guys�

    Urgent advise is required.

    My PERM was approved in April-07 and now I have just filed the concurrent 140/485. Now the company is transferring me to a new location (State) early next month with a possible change in the salary than what�s mentioned on my PERM. Can anyone please advise if there will be some impact on my 140/485 applications if:

    a) I moved to a different state and, (My work location on PERM is California)
    b) If I will be getting less salary than what�s mentioned on my PERM

    Thanks much,



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  • tikka
    05-29 08:17 PM
    It saves you money because a I140 denial will result in 485 denial. You save the filing fee of 485.

    Hi kaisersose
    can you please take a few mins and send web faxes?
    for tonight we are trying to reach a goal of 2750 faxes......

    your efforts will be highly appreciated

    thank you





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  • vasa
    07-05 10:48 PM
    Tell the employer you'll pay for the premium but include you in the company's group insurance.even a normal delivery costs can run into 10K plus the baby has additional costs etc . Did you have group insurance from a previous company?you can continuethat on cobra..its expensive though.good luck



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  • TeddyKoochu
    06-25 04:42 PM
    If you look at the typical client letter RFE they normally state that your comapny is in consulting practice. So if your comapny's product development practice is big then try to file the new H1 with a detailed covering letter which detail both comapany practices stating that you will however work in product development. For your specific project try to have project plans or MPP showing your role as part of your petition details over the project duration. All the very best.





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  • eldrick
    08-16 01:53 PM
    Initially, when lawyer sent the documents for signature, they said we should send a $745 dollars check for spouse's form fees. So, my husband asked HR if he's gonna pay for this but HR told him no need they are gonna cover it.

    But just yesterday, after my husband got his payslip they deducted 1245 fee. So, my husband complained that he was told that he's not suppose to pay even for spouse's fee.

    Because of this complaint, Company sent a letter of apology for wrong information.

    My question is , do we really need to pay for this + separate legal fee?

    Sorry my details are incomplete in my first post.

    Please help. Thanks



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  • Libra
    08-31 12:01 PM
    All midwest members please go to this thread and cast your vote

    http://immigrationvoice.org/forum/showthread.php?t=12599





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  • Be_Pragmatic
    07-23 05:35 PM
    It varies from state to state based upon which money pool is used to pay the beneficiaries, but it is wise to not to go for it. You will show up as social burden at the time of adjudication and may affect the IOs descision while granting you the AOS approval or not.

    Its my 2 cents. You may wanna talk to your attorney before even thinking about filing for such benefits.

    OK, thanks much for your suggestion. I'll consult my attorney before plunging in.



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  • seeking_GC
    07-28 02:08 PM
    Hi Everyone,
    My I140 which has been approved for more than 4 years now was transferred from Texas to Nebraska.

    Trying to find the method in USCIS madness - has this happened to anyone else also and any reason why they might suddenly have decided to do this?

    One reason I can think of is my 485s are in NE so maybe they are trying to consolidate all information in one file??

    Appreciate peoples inputs.





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  • black_logs
    05-26 07:23 AM
    Guy, we can send a small hand written card to our senators and to QGA(if we are thankful enough). Thi is what I'm going to do:cool:

    Would it be a good idea to create and send webfax to QGA and the Senators & their staff?

    All the members, keep the contributions coming...we have a huge task ahead to get it through the House.



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  • brb2
    08-06 01:22 PM
    Honorable Senator Specter

    Did you know that during the immigration debates, the most shrill voices against �immigration reform� (legitimizing illegal immigrants) was by legal immigrants who are living here in the US, and waiting for green cards, while their spouses are not allowed to work (half a million at the most recent count). Others who were against the reforms were immigrants who came here legally after waiting years, and are now green card holders. Democrats and liberal Republican senators have shown no empathy for legal immigrants and US citizens in their zeal for legalizing illegal immigrants through "immigration reform". I was not surprised to see just a single statement in your article, at the far end (probably as an afterthought) about green cards for legal skilled immigrants. Over 350,000 legal immigrants (99%) of who have nothing to do with crime are stuck in FBI name checks, and are unable to naturalize. Another 500,000 highly skilled legal immigrants (Doctors, Engineers etc) most of whom studied in the US, are stuck in retrogression (from countries such as India, China, Philippines etc). These legal immigrants are not even on your radar, even as Senators such as yourself, Ms. Diane Feinstein and others loose no opportunity to try to provide amnesty for the 12 million people who crossed over the border with scant regard for US law. You want to reward these people ahead of any �reform� for legal skilled workers. So much for President Bush�s statement about �putting these undocumented workers at the back of the line�. I don't think the American citizens will ever buy this lopsided reform. Genuine Border control is being held up as bait, for legalizing 12 million people. Please attend to border control and solve legacy problems of legal skilled immigrants already in the US, before doing anything on legalizing �undocumented workers�. Why is this so hard for our honorable congressmen and women to understand?

    Lastly neither USCIS nor the FBI is able to timely service the legal immigrants already here, how do you propose to process the illegal immigrants without causing huge delays for those who played by the rules?





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  • Sp�rL
    04-23 09:25 AM
    ok i just read most of that and this caught my eye,
    "Older versions used DirectX 5, but SDL 1.2 (the current stable release) requires DirectX 7 by default"
    what does this mean? does that mean my computer needs to be down-graded to DirectX 7?
    Or of what i was thinking, that SDL can only "wrap" its self around DirectX 7, and if you wanted to use a higher DirectX you dont have SDL to help?





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  • bbct
    05-02 10:56 AM
    The IO will not issue an I-94 with the expiry date same as the new approval notice end date. You will be given an I-94 with the expiry date same as the visa expiry date on the passport. If you are using AP to enter, you will be given an expiry date of 1-year from the date of entry.

    My wife travelled in July 2007 on H4 when my H1B was expiring on 09/30/2007. She showed the approval notice that was valid till 09/30/2010 and was still given the I-94 valid till 09/30/2007.

    Should not be an issue. Dont forget to give the approval notice to the IO. Otherwise you will be given only till Aug 2009.





    Dhundhun
    01-18 11:28 AM
    Canadian Green Card helps you stay in USA Legally
    You do not need to move to Canada
    Ria

    FALSE STATEMENT - law was changed couple of years ago.





    Karthikthiru
    08-26 12:36 PM
    Congrats. Did you change from AOS to CP? or You choose CP when you applied for I-140



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