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  • ramus
    06-15 09:14 AM
    Great.. Thank you..

    Very good thred.


    contribution close to 500$ so far wiling to contribute another 500$ in next 5 months.





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  • jsb
    09-13 12:57 PM
    No news yet. No checks cashed. I'm getting really worried now. Anyone else with similar delivery info please post any updates on the status of your application here.

    Thanx!

    Yes, delivery at 10:25 and received by J BARRET at NSC. I-140 at TSC, so I assume case was transferred to TSC. Nothing heard yet. Called yesterday, was told to wait for another 30 days.

    EB2-India
    PD May 2004
    I-140 June 2006 at TSC
    Canadian Citizen for 25 years





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  • jingi1234
    08-20 09:51 AM
    Here is the link for that document..
    http://www.uscis.gov/files/pressrelease/H1BExtend_07_23_04.pdf

    Wow...thanks for the url...this is what I need.

    Also after responding to RFE and if September bulletin retros EB2...will our case be considered for GC or no?





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  • tonyHK12
    11-09 02:18 PM
    I am sure many of you would agree with the below observations -

    I lost money in the 2001 stock market because I believed that the market could never down based on all the glorious research reports..

    I lost money again in 2005 as I bought a house believing that a house value can only go up, again reading all the real estate boom that was happening around.

    Now, I keep reading that the Indian market is oh-so good that everyone should go back to India to live in the villas and ride around in the chauffeured cars:)

    Hmm, as always, I have been the last one to get on the boat before it went under. So, with all pun intended, what Indian ETF should I start investing and when should I buy my one-way ticket :rolleyes:

    As my mom always says - Mountains always look smooth from a distance. This time I think I will stay put and wait it out for my GC..

    Agreed it is not good to blindly trust the media. Stocks, housing, 401K - financial institutions have a vested interest in getting a bulk of your investments and are big political contributors and fund some media outlets.

    But who would benefit if a reputed London company talks against US immigration, not the UK. This is not even an Indian news paper.

    But your GC is close anyway so its good to wait, but try to find an unbaised opinion, only your friends and relatives may be able to help you out with reality.



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  • nlalchandani
    10-02 06:28 AM
    Hi All,

    Just a brief overview of my scenario...I came to US on H1b in Nov 2006 for a small consultancy and started work after 2 weeks .....and continued at the client until the last day..

    My Company used to pay us 1 month lately i.e for say month of mar we were paid in may....as such when i left them after giving them proper notice i had to take 2 months salary ......after a lot of persistence from my side my employer deposited my 1 month salary in bank account but diditn sent the associated paystub and stopped replying for the other month salary and paystubs...

    meanwhile I applied for H1 Transfer through a reputed company in July before resigning and giving the paystub for may which was generated in month of July......

    I am waiting for the transfer to complete so as to report my previous employer to DOL....for recovering my wages and documents.....

    I have all the valid documents like approved timesheets and client reference and letter citing out details of dates till i worked as well as email correspondence with my previous employer...

    In worst case if INS ask me for the June and July Paystubs which i didnt get from my employer, can it effect the H1 Transfer and if so can the document like timesheets and client letters,bank statements, email correspondence with my previous employer suffice.......

    If u all support i want to teach this guy a lesson...so please come forward and give me suggestions....although i was always working but still due to this stupid guy i have doubts in my mind....

    Hey People i want justice ,this guy has harrassed me a lot and put my carreer at least 2 years back....i had excellent background allways worked with reputed concerns...

    Please help...any help will be highly appreciated.

    I was in a similar situation and filed a complaint with state DOL...It is going to be a year and haven't heard back from them. I will follow up and check the status.. Every state has limits till when u can file the complaint so do check. Send me a PM if you plan to file TX/IL...





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  • no-tec
    10-14 07:28 PM
    i think its like that for everyone. theres always 100
    s of ppl on at once. :(



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  • jiraprapaasa
    04-13 11:40 AM
    My 4 yr old niece went in person for the visa along with an adult of course.

    What document does my niece need to bring to the embassy?
    So far she has I-20, SEVIS fee receipt, MRV receipt from post office, school letter, passport, photo 2x2, her address in US, her father statement and book account.

    Will consulate officer interview her or her mother who will be going with her?
    She is 12 going to be 13 in May does she need a letter from her parent permission to go study abroad.

    Can she say that she has her aunt which is me in the US where she will be staying with (We have the same last name) or should she say that she live in a hosted family in the US where school provided.

    Her GPA is 4.0 from her 6th grade. Her father statement is good. Is there any how that she will get deny for her student visa.





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  • vhd999
    06-21 12:18 PM
    Thanks for the update...

    Did you have to redo the medical or the USCIS was happy with the original medical exam that was submitted in April 2004?



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  • pappu
    08-23 06:35 PM
    I tried to educate some of the university students( MS) about our issue. They dont
    even care! Its seems like, they think, somebody else will take care of this
    Its bound to happen. Everyone thinks others will do it, and they dont care(dont want to make any efforts) even though they really want GCs from their inside. Howver we will still find some people who care for this cause and will join the group. so its worth trying.

    thanks again for at least trying.





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  • bindas74
    03-25 10:28 PM
    ok..from what I have been hearing from my multiple friends and company's attorneys, USCIS has been digging deep into most of the 485s..

    Our company guy said, there is some new policy in 485 processing which is causing them to gather lot of other information (I havent seen this policy published anywhere..so thought this guy is bluffing)..but I dont know many ppl have been saying about such RFEs or RFEs which were not raised before are more common now.

    Look at my other thread as an example.

    Hopefully you resolve it fast

    I received one too...just this morning I received emails stating that RFE was sent for me and my wife....mine is a straight forward case
    1) I am with the same employer since I applied for my GC
    2) Still on H1B
    3) No AC21
    4) With a very good company ( medium sized) which never laid off any employees so far
    5) Not a labour substitution

    I am still wondering what it could be...well I guess i will have to wait for a couple of days more to find out.
    But, I am glad that atleast they started looking at my case...this is the first time since August 2007 there is an LUD on my case



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  • calboy78
    07-27 03:30 PM
    EAD is only required if you want to work and you don't have any other document which will allow you to work (e.g. a valid un-expired H1)

    Cheers :)

    Hi,

    My I-140/I-485 are pending. I had also applied for my EAD card which I received promptly. The EAD card will expire in October, 2008. You know, at least until the I-140 gets approved, I don't need the EAD card. Can I just let it expire and renew it when I need it? Or will it be a separate application when I try to renew an expired EAD.

    Thanks.





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  • Ann Ruben
    07-23 11:37 PM
    The AC21 determination of whether a new job is in "the same or similar occupation" is made based on a comparison of the new job duties and those set forth on the original labor certification application. Job titles are not controlling. So, you need to have a copy of your original LC application and then compare the job description it contains to the duties of the new position.

    USCIS has not provide much guidance on what will or will not qualify as the "same or similar" occupational classification. What little guidance exists comes from a 2005 memo to Service Centers from Michael Aytes:


    "Question 3. What is “same or similar” occupational classification for purposes of I-140 portability?
    Answer: When making a determination if the new employment is the “same or similar” occupational classification in comparison to the employment in the initial I-140, adjudicators should consider the following factors:
    A. Description of the job duties contained in the ETA 750A or the initial I-140 and the job duties of the new employment to determine if they are the “same or similar” occupational classification.
    B. The DOT code and/or SOC code assigned to the initial I-140 employment for petitions that have a certified ETA 750A or consider what DOT and/or SOC code is appropriate for the position for an initial I-140 that did not require a certified ETA 750A. Then consider the DOT code and/or SOC code, whichever is appropriate for the new position to make a determination of “same or similar” occupational classification.
    C. A substantial discrepancy between the previous and the new wage. (See Question 5 of this section for further clarification).


    Question 5. Should service centers or district officers use a difference in the wage offered on the approved labor certification and initial I-140, and the new employment as basis for denial in adjustment portability cases?
    Answer: No. As noted above the relevant inquiry is if the new position is the same or similar occupational classification to the alien’s I-140 employment. A difference in the wage offered on the approved labor certification, initial I-140 and the new employment cannot be used as a basis of a denial. However, a substantial discrepancy between the previous and the new wage may be taken into consideration as a factor in determining if the new employment is 'same or similar.'"


    The bottom line is that in order to establish that your new position is in the same or similar occupational classification, you must first compare the specific job duties described in the original application for labor certification to the specific job duties of the new position. Nothing from USCIS specifically addresses what percentage of identical job duties would be required, but the closer to 100% the better. Job titles do not matter, job duties do. Next, you need to find the DOT USDOL/Office of Administrative Law Judges Home Page and/or SOC Standard Occupational Classification (SOC) System codes written on your original LC/I-140 and compare the occupational descriptions for those codes to the job duties of your new position. USCIS has never indicated what percentage of identical/similar job duties will suffice in either of the comparisons. Most likely it must be more than 50%, and the closer to 100% the better. Finally, a substantial difference in salary is not determinative, but, in a close case may lead to a denial. To combat this, reference can be made to the DOL's Online Wage Library FLCDataCenter.com current wage survey for the occupation. If the new salary is within the range indicated for the original SOC occupation, you can make a strong argument that the increase is due to the passage of time and not to a change in occupational classification.



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  • eadguru
    11-02 09:29 PM
    See Signature...
    ----------------------------------------------------
    I-1485/131/765 Sent to TSC on 08/03/07
    (TSC -> VSC -> TSC). ND=10/17/07.

    I-485 transferred to TSC on 10/17/07
    EAD card ordered on 10/24 from VSC. Received 11/01
    AP - RFE for clear copies of PP 10/31
    No Finger Prints





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  • gc4me
    07-17 01:44 PM
    They tell this to everybody. A very common answer. They told me so, so to my 2 other friends but in either cases, no GC was approved inspite of our PDs were current. And later it turned out that my name check is pending (don't know what is 180 rule mean) when I took Infopass.

    So don't believe those CS answering over the phone. They say name check is clear when it is not clear, they say I-485 processing date is 2006, April when processing date is 2007, April 28. Bunch of junkies or may be summer interns (all called I made around summer time).
    To be CS in USCIS the only qualification you need is to be an US Citizen with back ground check cleared and a high school diploma :-(.
    How a person can understand with the above qualification all those difficult stuff like PD, RD, AP, EAD, LC, 485, 140 !!!
    And some CS even referring my I-485 application as I-40 :-( repeatedly.

    They may have to answer so many other complicated cases in Family category as well. Like what happen when spouse gets divorced? Can one file dependent GC if he/she is gay? Some one got married one US citizen after crossing the broader illegally, can she/he get GC? Can a son/daughter from stepmother apply for GC? So don't blame them either.



    Folks,
    Last month I called TSC and got a really nice IO. I was checking on my FBI name check status and he told me that he can get more details by A# instead of receipt NO. He in fact found my A# as i only had receipt number handy. He than told me that the FBI checks are cleared and my case is assigned to an IO.
    Does case assigned to an IO means that when Visa nos are available i have chance to get GC? Does it mean it is adjudicated and waiting for visa NO?

    EB2-I
    PD: Jul 2004
    I-140 approved
    I-485: RD 02 Aug, 2007



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  • no-tec
    10-14 07:28 PM
    i think its like that for everyone. theres always 100
    s of ppl on at once. :(





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  • njdude26
    04-08 05:08 PM
    Then what do you do if you dont have a candian permit ??
    Valid I 94 is good enough at port of entry (even if your visa in your pp is expired)... as long as

    1. your stay in canada is not more than 30 days
    2. you did not appear for the visa interview (@US consulate) in canada.
    3. You are not from a terrorist sponsored contries such as Iran, N. Korea etc.

    This is called as "Automatica visa Revalidation" rule.

    In other words if your visa is rejected @ the consulate and if your visa in passport is expired, you CANNOT come back to USA (using 30 day "automatica visa revalidation" rule).

    --HumHongeKamiyab



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  • mangelschots
    05-02 09:02 PM
    Senator Obama has filed the "Citizenship Promotion Act 2007" which
    tries to alleviate this process and mandate the FBI to perform this in
    a reasonable timeframe without limiting US Security.

    following is an exceprt of this.
    "...Act to limit the timeframe of the FBI name check and background
    check. We ask of the honorable members of the Congress and Senate to
    approve Senator Obama's Act in its entirety and facilitate the
    feasibility of it. As the security of this country is considered a
    priority, it is important that the adequate budget and resources are
    devoted to the security checks ..."

    This sounds like a good initiative to help out all of us that finally end up making in I-485. Suggest we rally all IV members to sign this petition:

    http://www.petitiononline.com/nc082505/petition.html





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  • my2cents
    09-30 12:58 PM
    If the employer revokes i140 before 180 days then what happens ,, is there any way to continue 485 ?

    if approved I-140 is revoked, then Ur I-140 is not portable.ur I-485 will be denied. at the best u can ask employer delay the revoke till 180 days are passed.

    if pending I-140 is withdrawan then I-485 will be denied and at the best u can ask employer to continue I-140 until it is approved and then revoke if 180 days are passed.

    3) 1 1/2 yrs is the current H1-B status


    Thanks
    Karthik[/QUOTE]





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  • pappu
    10-26 02:05 PM
    Please check the following threads-- http://immigrationvoice.org/forum/forum106-non-immigrant-visa/25402-h1-and-h4-stamping-india-travel.html

    http://immigrationvoice.org/forum/forum6-non-immigrant-visas/22726-air-india-and-direct-airside-transit-visa.html

    Please also help everyone by adding useful information on this wiki page ---

    http://immigrationvoice.org/wiki/index.php/Transit_visas_to_other_countries





    piyu7444
    07-13 05:29 PM
    Thanks for all who replied...

    Did anyone travel to India, by landing at Delhi Intl airport, and then proceeding to other destination city through a domestic airline?

    Never been to Delhi, and I have no idea how Intl and domestic travel works in tandem...

    Thanks

    Almost every time landed @ delhi and then got to a domestic flight (@ Indore - lot of times)

    It all depends on your international arrival and next connection to domestic city (how long is lay over?) You can get a good connection from New york to mumbai to indore with airline A due to its flight schedule but you might not get the same ''good connection'' with airline B as it just has a different schedule.

    So it depends on the following
    -From where you fly
    -When you reach
    -When is the first avaiable domestic flight
    -how much is the total cost

    :)





    dvb123
    02-10 05:02 PM
    The two categories EB4 and EB5 are disappearing. Both together are around 14% which are 21,000 (7%+7% of 140,000) visa numbers. EB2 will come to 2007 JAN atleast when this 21,000 and last quarter visa numbers EB4 + EB5 ---> EB1 ----> EB2 spillover happens. I think that IV should contact USCIS because these numbers would disappear before march and would not get rolled over to EB3 and EB2.

    http://travel.state.gov/visa/frvi/bu...etin_4428.html
    D. EXPIRATION OF TWO EMPLOYMENT VISA CATEGORIES

    First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

    Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.




     

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