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  • pcs
    07-19 03:44 PM
    As long your affidavit of language competency is notarized... you are fine





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  • edgarrecto
    01-14 07:37 PM
    how about eb3 for philippines?





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  • mariner5555
    04-03 04:09 PM
    Hi,

    My husband and my EAD and AP renewal time is approaching. We were thinking to do it ourselves but we don't know how to do it.

    Could you please guide us in self filing?

    a) Is there E- renewals? What about photographs for such renewals?

    b) What documents are required for renewing?

    c) Where can we find information regarding EAD and AP renewals?

    Please help us. Thank you very much.

    Regards,
    Augustus.
    o.k ..here is the link
    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD
    let me ask something related ..guys please reply.
    which is better - using efile or by sending the application by mail ?
    if sending it by mail - do you have to go for fingerprinting ??
    I guess - if we efile, then we have to go for FP ..gurus ..please reply Thanks in advance !!





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  • gtg506p
    03-09 09:19 AM
    Dear All,
    My wife had applied for H1 last year through one desi employer. We received the H1. The employer took initial money from us to pay for the H1 fees promising that once project got started he would pay back. But during search for a project he mentally harassed us a lot. Luckily my PD became current, my wife got EAD and we could work independently. We were thinking of complaint against him to DOL. We have even prepared the case with all the documents and everything.
    We were ready to send it but yesterday we came across a case of one Vishal Goyal who sued Patni for paying him low wages. Patni then threatened to harm his family in india if he doesent withdraw the case.
    We are just afraid of something like that. I request people to please share if they have been abused by desi employer and if they have sucessfully complained to DOL and their experience in what they went through. Thank You.
    Amar



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  • niklshah
    09-19 08:10 PM
    Look at this guys..Sapin sending the Immigrants back to Home country because they dont want to pay the unemploment benefits in bad economy..

    http://www.msnbc.msn.com/id/26792948/

    pls edit sapin to spain.....it was confusing





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  • insbaby
    10-01 01:38 AM
    Hello All, Pardon me if I'm bringing up the question that's already been answered, but couldn't find any answer anywhere in the forum.

    I just received my FP notice today but my wife hasn't received any. I'll wait few more days certainly before calling USCIS, but has anybody come across this situation? We had mailed all the applications together at NSC and have Receipt Notices.

    Does InfoPass come to any help here?

    Please suggest.

    Mostly the FP's are schedule on the same day within few hours apart. So call lawer office make sure that they recieved but not forwarded to you. It happens because every law firm are receiving and processing tons and tons of receipt notices since last month. OR call the ASC and check the appointement on the same day with your Receipt Number.



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  • newtoh1
    04-07 03:31 PM
    Hi,
    My client is a TARP fund received bank.I am planning to go India for 3 weeks in may.My visa expires in Aug09.
    I have new H1 extension for 3 years.

    --If I go for visa stamping will it be a problem as I am workig for TARP received bank.
    --If I don't go for visa stamping and planning to comeback with old visa, will it be a problem at Port Of Entry as my client is TARP received bank and I am on H1B.





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  • babydiams
    04-20 04:22 PM
    The work you do in your OPT must be in your field of studies. You are likely violating immigration rules during your OPT period as well unless your degree was in secretarial work or real estate (I do not know of any such degree ...)

    USCIS - Questions and Answers: Extension of Optional Practical Training Program for Qualified Students (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=9a3d3dd87aa19110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)

    "Optional Practical Training (OPT) is temporary employment that is directly related to an F-1 student�s major area of study. Under the prior rules, an F-1 student could be authorized to receive up to a total of 12 months of practical training either before (pre-) and/or after (post-) completion of studies."

    Thanks for the input



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  • rb_248
    12-19 08:09 AM
    History channel premiered a program "Naturalized" yesterday (12/18). They covered people from so man y different walks of life facing so many different problems to get GC and citizenship. But in the 90 minute program there was no coverage on how our community is struggling and no mention about the plight of the employment based category.

    Makes me wonder if there is enough awareness about our cause.





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  • fall1998
    01-12 01:42 AM
    :p
    Call me superstitious but just wanted to kick off this thread again in the hope that this miracle will repeat this year. I have a gut feeling 2011 will bring that magic moments again.

    Probably, your wish is granted (even if it is just for few hours while they correct the error :p). Why I say this? Look at visa bulletin on Mumbai Consulate's website, here's the link:

    Cut Off Dates- Consulate General of the United States Mumbai, India (http://mumbai.usconsulate.gov/cut_off_dates.html)

    By the way, if it has changed (and does not have good news when you see it), it is currently showing 'current' for EB2.

    Cheers!!!



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  • chvs2000@yahoo.com
    08-17 10:56 AM
    Hi all , Thanks for the responses. Actually Marriage certificate and medicals were in the packet, I forgot to list it here. After going through the instructions i see my employer sent the application to a wrong address.

    Instructions say that for 140 related cases it should be sent to Nebraska or texas service center depending on where you live. Instead it has been sent to the Chicago lock box facility.

    Now when i resubmit this package to the right place do I have to include a copy of the rejection notice(I 797 C)? also every page has a line printed on it sideways along the right edge. I am not sure if resubmission means sending the rejected packet as is or prepare the forms again and send the new ones.


    In addition to checking the appropriate response in your I-485 form, you (wife)have to confirm that you are filing as a derivative of the husbands primary petition (Part 2, response should be "b" please make sure again! you may even use highlighter pen) you may include your husbands I-140 as well as Labor certification copies and highlight the Priority dates in these forms with brilliant colors.
    Marriage Certificate is a must.
    Also I would include the last years tax returns for your husband and the sealed medical clearance from your doctor, to make it rejection proof!
    A cover letter as well as a "DO NOT OPEN IN MAIL ROOM" addressing the Service center director, and placing it over a double bagged packaging of the whole thing may also help.Somehow you have to convince the morons in the mail room that it is "RESUBMISSION DUE TO USCIS ERROR"
    Wish you all the best!





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  • bobyal
    05-07 03:56 PM
    Hi,

    It appears TSC (Texas Service Center) started using new system CHAMPS, which is not connected to the online case status system.

    Any one saw either SOFT / HARD LUDs on their cases pending in TSC in last two / three months?

    Thanks
    Bob



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  • Jeffphoto
    September 5th, 2006, 08:17 AM
    And what is HDR?





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  • lvaka
    05-19 02:17 PM
    I 140 : approved last month
    I 485 : July 07 filer passed 180 days
    GC Process : Substition Labor / Future employment

    The future employer is threatening to withdraw the I 140 if I dont comply with his financial terms.

    I heard that if I 140 is approved and 485 is pending for 180 days, even if the employer withdraws I140 , there isn't much we need to worry. Is this true. currently on h1 which is expiring next month 6th. To convert to EAD do I need to do anything specific and send an update to USCIS?

    Even though ur employer withdraws, its not an issue. For working on EAD, you need to provide a new I-9 form (With EAD info) to your new employer. This I-9 form is only for the Employer to keep records. AC21 letter can be sent to USCIS, but as everyone says its not a must. But am sure you need to have a new lawyer represent you with a new G28 if there is an already an existing lawyer. If the 140 is withdrawn, there may be a chance that USCIS may send you an RFE for the new offer.. It may happen only when ur case gets abdjudicated.



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  • GCHope2011
    11-29 08:21 AM
    Hello ,

    Im currently living in USA , came by tourist visa for 6 months , tomorrow was my experitation date , but my father company in south america filled a petition for me under the L1-B here in the united states. We create a new company here to be the subsidiary and the idea is to get the visa so I can stay here and do the work for the the company.


    My question is , what posibilities are the USCIS can approve or deny my petition?

    Here is the info about the parent company with the us branch :

    Automotive sales , service of authorized delaer of Jeep Chrysler and Doge .
    My job was manage the import area for auto parts being purchased in usa to be imported to the parent company.

    I do not carry profesional degrees however i was in the payroll of the company since 1998.
    I grew up in the company during the yearsd and scale in different titles till get the Import general manager title.

    My job here basically will be perfom the auto parts inspection , purchased from provides in the usa , pay providers and take care of the business financial accounts.

    Is this sufficient to get an approval? or it can be rejected?
    We got asked a lot of documents and payrolls from parent company and so , but Im no sure if this petition is consisent to be approved since i do not have the profesional degree and I dont really see this work can be done for someone american here.


    Then there is another issue realated with me , My petiton was submitted days ago and It suppoused i got an extension while the USCIS review my petition , however , 2 days ago my husband intent to come over the usa to visit me and his child and he had problems in inmigration at port of entry he was locked in a room for several hours and finally he got rejected , he could communicate with me over the phone to le me know what was going on , and he told me inmigration already knew I was here and the y saw my extension but they said they will come to check on me since my status was close to expire , so the said they know everything about my entry cuz they checked on the data base and so , now i want to know , this situation can be an issue to got a L1-B denial? I mean coudl the officers from the CBP write a note about me , since they got all my info , address and so?

    Im really confused , I dont know is i will get an extension removal or what and If i willg et or not an L1-B visa , but since my husband have been banned to come to usa for several years I dont really see the point to get the visa , but some payments have been made by my parent company in south america , so I dont really know what to do , without knowing what status would i get since now.

    How many time does the USCIS take to approve or deny a visa? my petition was submitted on friday.... my expiration date is tomorrow 29 may 2010 ... do i have to leave the country then? the attorney in charge said i was covered but after this problem with my husband im not so sure I really need another opinion .. thank you!
    L1 Visa is for intra-company transfer of an employee based outside the US to a location within US.

    To do so:
    - A company must have a legitimate foreign business presence and should be able to prove its existence and legitimate business operations
    - The person being transferred should have been a genuine employee of the foreign location of the company for at least 1 year within the immediate three years of the Visa petition
    - The company must have a legitimate business operation already in existence in the US - the location to which the foreign employee is proposed to be transferred
    - The company should be able to show the need for the specific expertise that the proposed individual brings to the position in the US, which cannot be obtained otherwise from the US labor market at the prevailing wage rate for the position
    - The company should be in a sound financial position, to be able to afford and pay the salaries proposed for the individual

    All the above conditions are scrutinized very carefully and evidence sought to substantiate them in case of any doubt by USCIS. They usually also evaluate if the US operations have been established primarily to be used as an immigration vehicle

    So, if your application is very clear cut on all of these points, then at least you might have some chance.

    There could be other criteria that USCIS looks for, which I am not aware of (since I am not a lawyer or have any direct experience of L1 filing).





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  • paskal
    06-13 04:41 PM
    Looks like you are in a rush .. You filed your labor in 2007 and expect to get a GC before a guy who is waiting in EB3 from 2002 0r 2003 ?

    There is nothing wrong in converting from EB3 to EB2 , if you are qualified . How long you are going to wait in EB3 ?

    By the way I m Eb2 2006.


    nothing wrong in convering if one is eligible.
    here is the problem though....each one can judge for themselves, i'm just presenting the facts:

    EB2 requires an advanced degree- lets say it takes anadditional 3 years
    EB3 can join a job after bachelors and get a PD. 5 years later switch jobs and claim EB2 with teh experience with the old PD
    now suddenly the original EB2 filer is behind- his/her years spent getting the advanced degree count for nothing. the PD is 3 years behind the EB3 filer. so the experience suddenly trumps the education because and only because the EB3 filer could file sooner.

    the law of the land gives preference to people with advanced degrees.
    it allows substitution with experience. so far so good. the problem is the direct PD portability that hands a significant advantage to the EB3 converters ie experience over degree- an unintended consequence of this.

    you can argue that it should be FIFO. maybe it should. but as of now the prefence is for advanced degrees and the ability to "upgrade" puts those who choose to get the advanced degrees at a disadvantage. they spend extra years waiting too- and unable to file and get a PD. and without an income. and then get penalized for it.

    this whole PD thing is in many ways simply nonsensical. in any case country quotas and LC subs make mockery of it.

    so....



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  • skd
    08-15 10:47 AM
    Don't Worry, I have been there 3 Times. Since I my start of GC process with the currents company, It has been acquired 3 times , So I am pro in that situation :)

    Here is my situation:

    My sponsoring company 'A' was acquired by company 'B' last month and name changed to company 'B' with B's pay stubs.

    Am on H1 now and i applied my 485 in August 2007 with 140 approved in May 2007.

    Company B informed me that they informed USCIS regarding the acquisition(i don't what they mean !!).

    Questions:
    1. How is my green card process proceeds with company 'B'? Should the company 'B' file I140 amendment or is there any thing they have to take care?
    2. Can i join with company 'C' by invoking AC21?

    Please share your thoughts and experiences.





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  • Kushal
    06-18 05:57 PM
    I am not getting any appointment in June with any doctor within 60 miles from my place. So I took an appointment with a doc 70+ miles away for end of june. The only problem is I need to go twice 70 miles one way. The clinic suggested I do the blood work in nearby county clinic, but the county clinic wants 7-10 days to get results of blood work. I asked them for HIV and Sephallius test to be done. I already got TB Skin test(tested negative) done at county clinic.
    Can someone please tell what all blood tests need to be done, so I can check if any other doctor can do the blood work and I can save one 70 mile trip . Thanks.


    Don't they have a package based on immigration requirements? You can get everything done by one surgeon..





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  • deba
    04-13 05:40 PM
    Correct me if I am wrong...but I believe a bill has to pass in both Senate and Congress and signed by President to be enacted into law. Currently the H1/EB bills are only presented in Senate. Any comments?





    abdulazeez77
    08-11 11:17 AM
    Thanks so much for your message. Let me list down what I have after the visa transfer to my current employer. Can you pls. help validate if I need anything else for me and my wife? You had mentioned something about I-539. This is what I have.

    1. I-797A notice of action in my name. It says Case type - I129 Petition for non-immigrant worker. It says approval notice valid from 12/27/2006 to 12/25/2009.

    2. I-797, notice of action in my wife's name. . It says Case type - I539 Application to extend / change nonimmigrant status. It says approval notice valid from 12/02/2007 to 12/25/2009.

    Would appreciate very much if someone could help validate.





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