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  • sbabunle
    08-19 01:13 AM
    If you reappeal I think until the decision comes you are okay. But I'm
    not sure if you can work. Need to check with an attorney.

    If your job description need to match the degree you should be fine.
    Did you submit a credential evaluation? I think if both of the above
    things are okay, you should be through.

    If I were you I will contact an attorney, like Sheela or Rajiv who
    knows what they are doing.

    babu



    I applied for H1 extension in June'07. I got RFE on I94 first & then one more on my consulting company. Both were responded on time.. Finally, I got a denial notice on my H1 recently stating that my education background is not Computer Science related although i hold a Bachelor Degree in Computer Science. Am very upset after hearing this.

    I have few questions for the experts here.

    1. Is it possible for me now to apply for new H1 thru some other company?
    2. Can i re-appeal the decision and stay here legally?
    3. Are there any good attorneys that can give me good advice for me to take the next step?

    Please let me know.. This is urgent for me right now.

    Thank you all.





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  • whitecollarslave
    02-13 01:27 PM
    http://www.mediafire.com/imgbnc.php/78355623a0ffd5d61a20d391bee048804g.jpg

    Can we have the scanned copy of this letter posted on IV's homepage? Either replace the image for Sept 18th rally or put it above it so that its the first thing people see on the homepage. After the campaign is over we can change it back to what it was.

    This is in no way to undermine anything about the Sept 18th rally. I just think that this would really help inspire a lot of people.





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  • xgoogle
    06-23 09:08 AM
    I had applied under EB-2 category and my priority date is: 3/3/2006.
    My I-485 was filed on 8/2/2007.
    My I-485 was approved and I received my Green Card on Aug 15th 2008. Surprisingly and rather unfortunately, there was no action on my wife's I-485. My wife�s case was submitted with my own case on 8/2/07. The TSC at that time reported that �normal� processing time is 7/16/2007. So basically I got mine out of turn or by chance. The TSC protocol permits attorneys to inquire regarding the status of an I-485 beyond normal processing time if the receipt date is more than 30 days beyond the published processing date. So we could not inquire about my wife's application and soon the priority date changed back.

    She has an EAD approved until Oct 2010. She is currently employed. I am also employed with my first company and have been with them for 5 yrs now.

    My questions are:
    1. What happens to my wife's I-485 application, should I choose to leave my job and go back to school ?
    2. Will her EAD still be valid if I leave my job ?
    2. I am planning to go full-time starting Fall 2010. Will we be able to renew her EAD independent of my work status ?

    Thanks a lot for your time and attention,





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  • Bobby Digital
    October 21st, 2005, 11:25 PM
    Has this group of talented people ever got together and met each other in person? I would love to meet all of this talent in person!!! Swap ideas and show off our best. Any ideas??



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  • desi3933
    08-05 04:41 PM
    I know this is not a good question as there is no time frame for GC process?
    But please share your experience;
    How many years it could take to get GC if it is started with in Aug. 2008 for
    -EB2 category
    -EB3 category

    I am trying to understand the time (years) difference between two process.

    Thanks,
    Sanjeev.

    Do you have 3 year degree? If so, getting into EB-2 is going to be little tough.

    Good Luck.





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  • sammyb
    09-09 11:12 AM
    Was wondering how is the experience of getting PIO card from Indian Embassy @ DC. Checked the site and it seems it takes 45 business days for them to issue a PIO card which for any other consulate (SFO/NYC/Chicago/Houston) is around 2 weeks ...

    Can anyone share their experience ... appreciate a lot ....



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  • sixburgh
    07-17 03:47 AM
    I can re-apply, but my 485 is already approved on July 8th!

    I meant re-apply for her 485





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  • inskrish
    08-12 03:30 PM
    I am wondering if there is a potential issue for the applications filed between July 3rd to july 17th. This is the period when everything was in limbo. Is there any disadvantage for these folks?

    So far I haven't seen anyone getting checks cashed or recipted in this period. We do see July 2nd notices comming in.

    I had my 485 application received at NSC on July 3rd. And now we are hearing that they may transfer cases to TSC if I-140 was approved from there. Another delay! This wait is getting me restless.

    I don't think we need to worry about July3-17 cases, and July3rd application is not any different from the July2nd application, except the fact that there was a one day delay. :) This is my take on this issue:

    According to Jan Pederson, NSC received roughly 35,000 applications in first two days of July.07. As of 08/03/2007, USCIS completed receipt entry for the I-485 applications received till 07/01/2007. If we ASSUME USCIS enters roughly 4000--which could be too high, I believe--I-485 applications a day, it requires atleast 9 working days to complete the receipt entry of July2nd applications. i.e by Aug.16th, USCIS would have entered all of the July2nd applications, and from Aug.17th , they would start working on July 3rd applications.

    Secondly, while processing the July2nd applications, USCIS doesn't give any priority to the actual time the applications were received. That is why some of us raise our eyebrows as to how the 11.30am filer gets the receipt notice before the 7.55am filer receives the same.

    Again, it is just based on my personal observation.:)

    Regards,
    IK



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  • puddonhead
    11-30 11:01 AM
    I have filed for and recieved AP twice so far. I have done both paper and e-filing and combinations. When I lawyer files, he e-files. When I do it - I paper file. I have done different combinations. First time, with 485 - lawyer filed both for me and wife. Next year, my company suddenly decided they dont want to pay the lawyer fee for the dependent AP/EAD - so I paper-filed for my wife while mine was e-filed. Next year - my company decided to pay for both and my lawyer did e-filed mine and paper-filed my wife's application (dont know why).

    Based on my experience (which is pretty extensive on both modes of filing as explained above for both AP and EAD) - I will always perfer paper filing. It has always been faster, easier and less hassle for me.

    It sounds counter-intuitive that paper-filing would be faster/easier than e-filing - but that is USCIS for you.





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  • GCScrewed
    11-13 03:07 PM
    How come they have not posted the demand data for the Dec. bulliten? We need to make sure they post the information to prevent them from moving the date in consistent with their policy. Someone raised the question related to EB3 Mexco... one year vs. the rest 1 or 2 weeks. Mexico should have the slowest movement as its demand is very high based on the Nov. demand data. In addition, Mexico must have a lot of cases in the field office as they can't even predict its movement as indicated in the Dec. bulliten.

    Bottom line... we need to closely monitor all the numbers... ideally reconcile them. Otherwise, their imcompetency and unethical behavior will mess up the bulliten again. :rolleyes:



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  • vidin
    11-20 11:44 AM
    They are desperately trying to throw everything including the kitchen sink...May be they will get the jobs offered by a company started by an immigrant...





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  • sangmami
    08-15 09:10 PM
    hi,
    where do we get to read the receipt number from the back of the check ?..i see so many ppl write that they cud get the receipt number from the back of the check and with that the cud track the fate of receipt notice.The back of my cleared check has so many numbers but they are all overlapping and unreadable.Do any1 else has the same issue?
    can any1 tell what is the window period b ween check clearance and recipt notice?
    Thanks.



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  • krishna_brc
    12-12 04:39 PM
    Your wife might have a problem in leaving US with expired I94 , if the immigration officer who is collecting sees that I94 is expired she is subject to 10 year BAN unless she goes CANADA or MEXICO route where they don't collect I94's and to come back in she needs advance parole to be approved receipt may not help .

    I left US while under AOS with an expired I-94 and came back with out any problems.





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  • kks_sundar
    03-22 04:03 PM
    I got the same response from my attorney for my AP to be approved. It is very funny that first he said I can not leave the country while AP pending and they he said that I could leave once my biometrix appointment is over. I am holding it until the critical situation comes for my desparate need to go to my homecountry India.

    Usually it takes 90 days to get AP nowadays. I checked in , some have received it in 20 to 60 days. If you do not plan to return for a long time, you will not be able to use it anyway when you return (you may have to go to the US consulate before coming there to get letter / keep extending while you are out there).

    What you can do is...
    1. Call the number in your AP receipt document and look for an opportunity to expedite it. If this is very critical, they can guide you on how you can expedite it.

    2. If possible, get an InfoPass appointment to your local USCIS office and go there in person, try to explain the situation and make them feel on what you are missing.

    3. Visit the senator's office in person and talk to the Senator and explain the situation and request to expedite it. Before you make your personal visit, explain the situation to the exec assistant of Senator and get her view on what would be Senator's response.

    4. Quiltely wait until the AP gets approved.

    Good luck on you AP



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  • karan2004m
    12-01 03:46 PM
    I have the exact same scenario :(
    i don't think anyone would be able to use first EAD filed during July/Aug time frame as I-140 itself will take more than 1 yr.. or longer who knows...money wasted on EAD.





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  • nk2
    06-06 10:53 AM
    If you are at office and can not call from your desk do the following

    Please call in suppoirt of Cantwell Amendment

    1. Print the phone numbers
    2. Print the talking points
    3. Take your cell phone and call from your Car in the parking lot

    Make as many calls as you can squeeze in. No number is too small or too large

    This is the do or die time for all of us.



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  • HRPRO
    02-22 02:10 PM
    snathan - How different is different enough for USCIS/DOL to be okay with it? Would the num of years of experience be helpful if it was different.

    I guess I am trying to figure out if I should let go of this position and wait for another one to come around if it's the current one is not worth pursuing due to potential issues during I140 stage.

    Thanks

    One more thing to take ino consideration is during the audit, along with your HR department DoL will review similar jobs within your organisation and check the requirements for those jobs. They will have to be similar, else you will have an issue.





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  • indianabacklog
    04-17 09:18 AM
    Are interviews instant or do you typically have to wait for a date? A petition approval is not an approval to work, correct? Sorry, I am just learning the process. Is there a link on here that shows how it should be done?

    BTW, this person was here on an L1 for another company up until December 07 in US, went home for vacation for a month, sent in paperwork for L1A under new company since current visa lapsed, came back early to US on VW(green form) and then waited here for his new L1 petition to approve - while working. He thinks that this is ok. :eek:


    Thanks again!

    Interviews are definitely NOT instant. You have to book ahead and fill the respective embassy forms, pay the fee and take necessary documentation to the interview. The approval notice does allow one to work but in order to enter the country to start the job you need a visa in your passport.

    This last message you posted poses another question. You can only get an L visa with a company if you have worked for them for one year outside of the US. How does a person file for a new L1 for a NEW company when they have been working on a previous L visa with that company. The company do the filing anyway since L's are employment based visas.

    This whole story is getting more curious.





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  • franklin
    07-10 12:10 AM
    May the government discriminate against non-citizens in matters not related to their admissions to the United States?
    Among the most important sources of legal protection against governmental discrimination or abuse are the Fifth and Fourteenth Amendments to the Constitution. They provide that no person shall be deprived of life, liberty or property without due process of law and that no person shall be deprived of the equal protection of the laws. Thus, the right to due process, equal protection and the other fundamental rights that are encompassed by these principles apply to all persons in the United States, including non-citizens.

    Which law would we be breaking by sending flowers?





    Ramba
    10-24 11:49 AM
    Ok Guru's I am in an awkward situation. My GC got approved some time in Aug 2008. But before the approval of my GC my wife in india applied for H4 visa based on my H1b. The consulate approved her H4 and stamped it on her passport last month. Even though I am on GC now. i have files I-824 for her Follow to Join.

    Now the question I have is.

    1- Can she travel to US on that H4 (the visa stamp is valid till 2010)?
    2- If the CBP agents at the aiport let her in the country can I file for her I-485 and have her wait here on AOS?

    Let me know what you guys think. On mountain crossed and still more hills keep coming.

    Talk to lawyer. My feeling is that if she had H4 status before leaving US and just got a renewal, she can come on H4 visa though your GC is approved when renewal is pending. However she should have applied the renewal before your GC is approved. Also, filing 485 may not cause any issue.





    geniousatwork
    09-03 10:18 PM
    My colleague applied for his extension (small consulting company) and he got it approved without any RFE.

    Applied: Jul 24
    Approved: Aug 27


    Anybody who works for consulting co. got extension approved ? without RFE ?




     

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