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  • satishku_2000
    08-15 03:32 PM
    I got an RFE for the latest employment letter. After I sent the required documents, in about 8 days I got approved. I'm hoping yours should be close

    Did you use AC21? how long ago you applied for 485?





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  • shanti
    02-23 12:07 PM
    I filed my labor three years ago with a requirement of BS + a minimum of a one year experience (I had 4 years of US experience and 6 ys experience abroad at that time -feb 2005-).
    Now that I filed I-485 more than 180 days ago and I have a job offer that pays double of what is mentioned in the Labor (which the lawyer said is not a problem) , I still have an issue and is the following: in the description mentions as requirement "BS + minimum of 5 ys experience".
    My lawyer said that although I have been in U.S. working with same position and same job title for 7 ys, that to be same or similar they should require similar experience than what was required at the moment my labor was filed: ie, BS + not more than 2 years experience,... Is this true? Did anyone experience this? The employer is a big corporation and cannot change that the job description to match the minimum years of experience. The duties are 90% similar and the job title is exactly the same.

    The lawyer said that after labor was filed three years ago, that we could not count from that moment on an increased experience, with that I mean the minimum years of experience of the job in 2005 was 1 (although my resume on my labor showed 10 ys of experience) and he said that we cannot say that in 2005 was a minimun one year so you could gain experience on the job and convert it into a job with a minimumn of 4 years being same or similar). HE said that the experience clock was stopped on the labor filing date ie I cannot increase the minimun experience to make a job same or similar.

    Did anyone hear anything similar?

    Thanks and have a great weekend!





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  • VenuK
    07-15 08:09 PM
    any advices pls....





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  • jcrajput
    06-09 11:09 AM
    Can we have a visa stamping in other country than India if you are in USA? or we must need stamping from India?

    Appriciate your help.
    Thanks



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  • hebron
    04-03 12:31 PM
    Hi Bobby,
    I'm sorry, I'm a little confused now. Maybe its just me.

    Couple of questions, if you don't mind.

    1. Did you go on your vaction after getting your 3 year extension based on your approved I-140?

    2. Did you apply for 3 year H1-b extension even though your passport was not renewed?

    3. Did you renew your passport before you travelled on your vacation? I am asking this just to know which passport had your visa stamp?

    4. Did UCSIS approve your H!-b extension for 3 years and does the I-94 on your I-797 indicate that the new H1-b is valid for 3 years?

    Thanks



    I returned to the US last year after a vacation and while my current visa's expiration date is July 2007 the customs official would only stamp my I-94 & authorize entry until May 2007 when my passport expires. My lawyer has applied for our extension using copies of my passport which is expiring soon but she advised that USCIS would need a copy of the new passport with new expiry date before approving my extension. The lawyer says your passport has to have an expiry date after the date of expiration of your visa extension. I will get a new I-94 with my visa extension btw this extension is the 3 year extension as our I-140 is approved but we have not filed for adj. of status yet. PD 5/03 EB3 ROW





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  • fide_champ
    09-08 12:21 PM
    My company lawyers have been preparing for the last 5 months to file for my PERM application. After completing the recruitment stage and getting ready to file, they for some reason have come to the conclusion that the high number of resumes received could land the company in trouble for this case plus future applications.

    Has anybody seen this before. Is there any precedence that a company that receives large number of resumes for the position might cause issues? Even if they have done the due diligence to review all resumes and interview candidates that they deemed fit? Still not finding anybody worthwhile?

    Any comments/ assistance would be most appreciated.

    Thanks

    Usually companies find a way to get around this situation and file a green card for the employee. They might have feared that they may get scrutinized due to the weak economy if they file PERM. The company lawyer might have advised the company to do so. So i guess get a good immigration attorney if you can make that choice.



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  • abracadabra102
    11-19 08:18 PM
    Chris, Can you change the title. This is actually good news. USCIS is coming out with some real solutions now. It is known quite for some time that USCIS data capturing is so poor, they can not sort and order AOS applications on PD. We know how they issued GCs to 2006 PD ahead of 2002/2003 PDs this august. If this email thing works correctly, we can expect steady movement of cut off dates in future instead of wild jumps back and forth.





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  • texcan
    02-26 11:09 AM
    I would like to find out if anybody here heard of H1B denial due to lack of MASTERS DEGREE IN PHYSICAL THERAPY.

    When I first read the notice of denial from USCIS I couldnt believe it. I satosfy all of the requirements stated on the letter to practice as a PT (specialty occupation) until I read a portion in OCCUPATIONAL OUTLOOK HANDBOOK (OOH) 2008-2009 (on the same notice) which stated that it requires a masters degree in PT as an entry level to practice PT.

    Ive been preacticing in the US as a licensed Physcial therapist for almost 5 years. I decided to have my H1B transfered to another employer and I got denied---for the above reasons. Im devastated. And now I have to stop working in 2 days---go back to my old employer and go home when my visa expires or I dont know...there is no paln B for now.

    I know this rule ( Masters required) was put in place about a few years back. I am surprised how come your employer or you did no know . There is a date/specific year, if you passed your PT before that date you can practice without a Masters.
    if your pass out date is beyond that date you have to get a masters.

    Solutions, not sure how well it can work at this time; but get a masters in PT.
    Other solution can be is research to find out if any state still allows you to work without MS and take appropriate step to move to that state ( transfer license etc).



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  • abhijitp
    08-21 07:33 PM
    My lawyer told me that 140 PP can't be filed with a copy of LC. They say you can only file regular processing if you don't have the original LC.

    She said, it requires some additional processing by USCIS in case of copy of LC that requires more time and therefore they can't process it in 15 days.

    This is exactly why a successor in interest I-140 cannot be premium processed.

    Original poster, as long as you have one I-140 receipted/approved with original LC, you should be able to send that receipt/approval notice copy and ask that they honor your new I-140 with copy of LC





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  • diptam
    01-16 12:45 PM
    indyanguy,
    Sorry to see that USCIS is bugging you. I think i know you from the "Letter to Ombudsman" forum ... I also got a useless RFE but not for experience letter, so you may use my experience letter as benchmark.

    I asked my friend ( who is a Project manager at my old Company) to getted it notarized ( what we call attested at India) from the local Bank. The Bank officer will just make sure the undersigned is the actual signee... No company HR will do all the crap , so its better to go via the Friend/Ex-coworker route ... Unless you get GC , you need to maintain old relationships :) anyway , here you go ....

    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
    May 05, 2007

    RE: XXX YYY


    TO WHOM IT MAY CONCERN:



    This letter is to verify that Mr. XXX YYY was employed by GGGGGG as a full-time Software Engineer from August 1998 to October 2004.During this period he worked 40 Hours per week.

    During the period of employment at GGGGGGG Mr. XXX YYY�s duty were to Plan, design, develop, test and document application software using XML, JSP,EJB,JDBC,ASP,VB,COMObjects,XSL,JavaServlets,Ja vascripts,DHTML,Linux,CSS,Domino & Lotus Notes,.Net,ASP.Net,SQL Server 2000,WebLogic,Websphere with ORACLE database in Windows and Unix environments.


    Mr. XXX YYY has always rendered his services with the highest degree of responsibility and professionalism and we wish Mr. YYY all the best in his future endeavors.

    Sincerely,




    _____________________________
    Mr. CCC DDDD
    Project Manager

    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

    Thanks.

    What is the difference between an affidavit and a letter? Affidavit is one that is not on a letter head and a letter is the one on a letter head or it depends on who is writing the letter?

    Does 1 each serve the purpose?

    With the initial packet, I had sent
    1 letter from Company A (By the director on letterhead)
    2 letters from Company B (1 from colleague on letterhead and 1 from HR on letterhead)



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  • greenleaf81
    11-04 03:26 PM
    Thank you guys for responding to my situation.
    My client could not issue a letter but the Vendor issued a letter saying I am working at the client. Also we have attached some emails from the client Manager. And thankfully they were able to send the documents on Monday.


    ajp5: I do believe that I have switch the employer now, because I cannot risk to wait for the USCIS to process the RFE and run out of time. I will talk to the vendor about the transfer. Yes the last few days have been a hell for me, suitable for a thrilling movie.

    wandmaker, meridiani.planum: Thanks for the advice, I am in the process of finding another employer, hopefully more trustworthy this time. When I do find a new consultant I will do PP.

    I want to convert this H1b application to Premium Processing now, that is after responding to the RFE. My current company's lawyer claims that we cannot convert to Premium Processing after an RFE is issued and answered. Is this is true? Can an application be converted to PP only if it does not receive an RFE? I thought it can be converted anytime...please advice.





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  • syedajmal
    07-11 08:08 AM
    I have been in the same situation where I had switched from a H1 to H4 and when I got a job the lawyer just applied for the H1 as it was counted. ( I really believed I needed a new one) . I got it approved. So she is fine with just a transfer.



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  • tikka
    06-07 01:14 PM
    Have you had a chance to contribute as yet? if NOT please do so soon.
    IV needs funds for lobbying efforts

    thank you


    I am surprised with this thread. There is no Deadline for employemnt based GC (this was mentioned by Sen. Robert (Bob) Men�ndez,NJ when requesting to move the FB deadline which is clearly mentioned in the bill as May 01, 2005) . Please read the summary and text carefully.

    Summary:
    First five years
    Total number of merit-based green cards includes sum of:
    a.) First five fiscal years have same number of green cards as made available to EB category in 2005. This number is 246,878.
    b.) Any visa number not used by family based category.
    How the total number will be divided between Current system and new merit-based system and Y visa holders --
    - 10,000 (or more) reserved for exceptional aliens under �Y� visa category.
    - 90,000 (exactly 90,000 � not more not less) for backlogged (pending or approved I-140 applications). Currently, this number is 140,000.
    - Remaining possibly goes to new merits system. Until the merits system is ready for accepting petitions, the Y visa holders probably get a shot at this since the clause says �No more than 10,000� � leaving room to let it go up from 10,000 to whatever is left.

    and the TEXT of the Bill
    �(A) for the first five fiscal years shall be equal to the
    33 number of immigrant visas made available to aliens
    34 seeking immigrant visas under section 203(b) of this
    35 Act for fiscal year 2005, plus any immigrant visas
    36 not required for the class specified in (c), of which:
    37 (i) at least 10,000 will be for exceptional aliens
    38 in nonimmigrant status under section
    39 101(a)(15)(Y); and
    40 (ii) 90,000 will be for aliens who were the
    41 beneficiaries of an application that was pending
    42 or approved at the time of the effective date of
    43 this section, per Section 502(d) of the [Insert
    44 title of Act] ( Act not the bill)

    (c) EFFECTIVE DATE.�The amendments made by this section shall take
    11 effect on the first day of the fiscal year subsequent to the fiscal year of
    12 enactment.


    So a bill becomes law only after signed by the president, and the effective date could be Oct 01, 2007 if not Oct 01, 2008.

    So all the I-140 filed on of before Effective date are considered as pending!!

    I don't know why even lawyers are getting confused here!:confused:





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  • indyanguy
    01-14 11:07 AM
    This is the format of the letter I had submitted initially. Can someone tell me what is wrong in this?

    ----
    To Whom It May Concern

    I am writing this letter to confirm that XX was employed full time
    (40 hours/week) with XX, located at XX from XX through XX as a Programmer/Analyst.

    His job duties included developing web based software systems. In this
    position, Mr. XX used the following technologies: ASP.NET/C#,
    SQL/SQL Server, HTML, XML, JavaScript, CSS and Web Services.

    If you have any questions, please do not hesitate to contact me.

    Thanks,

    XX



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  • unseenguy
    06-09 12:53 PM
    When i went to Mumbai last december i got my H1B stamped. while coming to US i showed the POE my H1B stamped visa he asked me for Advanced parol document and i was Parolled.When i asked him i have a H1B stamped in my passport why do i need to be parolled. He answered AP has a higher preference than H1B.
    the bottom line is " H1B stamping will not be considered for your entry". Its just a stamp for your satisfaction.
    I am not going to stamp my H1B again. 18 months back when i came from Vancouver Canada the POE let me in by AP not by H1B visa. I asked him about my valid H1B and the POE told me you can enter using either one but we prefer AP.

    If you are a local from mumbai then its okay to attend a interview and get stamped. They don't ask much in my interview. In my last interview they asked me in the picture you have a mouthstach and now you are clean shaven. So that is the level of questions asked at the interview. Its just 2-3 hours of work or maybe half a day if you wish to do it.

    One more proble i went through at mumbai consulte, The dates were posted 1 week in advance and then a local person has to go and submit the document to the consulate. the FEDEX from US to India would be costing around 68 to 150 dollars and it needs to be reached within 1-2 days (i.e. 3 days before the interview). I got it done somehow.

    J thomas

    I entered on H1 visa this year. Me and my wife both arrived at the airport, I told the officer, my wife has AP and I have H1 visa. To which he said, where is your AP. I said, I have it but I prefer to use H1. Is it possible? He said thats fine. Your choice.





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  • pd_recapturing
    05-23 07:10 AM
    In my case, I have my EB3 labor and I140 approved with PD as May 2004. I have already started a new PERM EB2 from same company in order to port PD. I have not reached to the stage where I can apply I140 (under EB2) to actually start porting PD. With the new rule of "21st May 2007", I am not sure how would my case be treated? Can somebody shed some light on this?
    Can someone please answer this ?



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  • whattodo
    03-25 02:15 PM
    http://www.whitehouse.gov/OpenForQuestions/

    Press view questions and search for immigration. You need to complete a simple registration to vote for existing questions or ask a new questions. This is a chance to force President to answer direct questions.





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  • Janisaris
    12-18 07:47 PM
    I also see lot of LUDs on my I485 application. We filed our application on July 19th but the receipt date is November 1st. We received all our EADs and APs within 3 weeks and got our FP done on December 5th. Since then I am seeing bunch of LUDs on my I485. Even today they accessed my file. I am EB3 India with PD May 2004. My I140 was approved in 2006 and got an LUD on November 11th.

    Just letting you know that you are not alone.





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  • yabadaba
    06-18 11:50 AM
    Hi Guys:

    Had some questions with regards to my actual 485 form.

    situation:

    2000-2003 -F1 (never out of status/ visa stamped in 2000 in bombay)

    2003-2004 - OPT

    2004-2007 - 1st H1 (never got it stamped)

    2007-2010 - 2nd H1 (stamped last month in canada)




    PART 3

    Place of Last Entry Into the United States (City/State)

    What should i put over here? I did not get an arrival stamp when i came back from canada last month after stamping. all the immigration officer did was tear the bottom portion of the h1b approval and staple it to the passport. he said that was my I-94





    nabs501
    07-27 04:05 PM
    I had filed FOIA request to USCIS requesting a copy of I140 approval notice. My I140 was approved after which I changed employer. I need I140 approval notice to keep my original priority date.
    But after filing G639, I got a response back from USCIS saying the case has been sent to DoS for visa approval and that I should contact DoS directly regarding the case.
    Also remember, G639 form is for FOIA request for USCIS only.
    You need to file a letter to DoS (google "DOS + foia" and you would see format of the letter)
    Other than this,I have also filed Form I824 (Action on approved petition) with $200 filing fees requesting I140 approval from USCIS. I guess looking at the processing time, I will have to wait for another 6 months before I hear back from USCIS





    lazycis
    12-17 07:25 PM
    So you haven't received a denial letter yet.
    The most common reasons for EB I-485 denials:
    1. Incorrect fee enclosed/Incomplete form
    2. Underlying I-140 is denied/revoked/withdrawn
    3. An applicant is inadmissible for permanent residency (status violations, unlawful presence, etc.) according to the USCIS

    For reason 2 you can file appeal/MTR(MOTIC) with the USCIS
    For reason 3 the only option is to file a lawsuit in a federal district court.



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