Tuesday, June 28, 2011

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  • shimul99
    08-29 06:58 PM
    Last week i received the letter about my RFE for my I140 which they received on Feb 8, 2007. I'm a EB3 category from Bangladesh.

    USCIS requested for the tax information of the company
    My W2 for last year and
    My Pay Stub....


    Is there anything else extra i have the provide. do i have to worry about anything towards my approval or this is just a regular process to go through.




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  • EB2_Jun03_dude
    12-11 01:56 PM
    I had a RFE against my I-485 in last week of Nov 07. It was for medical exam, doc forgot to check one box :(

    Now the RFE has been replied to and USCIS should hopefully have no further questions on my application. But now the issue is retrogression of EB2 India back to Jan 02 (while I am Jun 03). So does that mean though my application could be cleared by the immigration officer, it will still be put back on shelf because of the retrogression in Dec 07 ?




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  • tinamatthew
    07-21 08:48 PM
    Hi

    I am on H-1 and recently filed for my 485. After I receive an EAD in 6 or so months, am I eligible to go to school full-time while waiting for processing on my 485 application?


    Careful! B4 GC is issued, you will have to show proof that you are still with the sponsoring company or working in a similar job /similar pay with another company.

    1) b4 you leave the job make sure your i-485 has been pending for over 180 days
    AND
    2) Your i-140 is APPROVED




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  • Blog Feeds
    07-16 04:50 PM
    U.S. Department of Homeland Security Secretary Janet Napolitano today traveled to Laredo, Texas to announce more than $47 million in fiscal year 2010 Operation Stonegarden grants for the Southwest border states. She also met with law enforcement leaders to discuss the Department�s efforts to support state, local and tribal law enforcement in protecting communities from cross-border threats. She said, "Over the past year and a half, this Administration has pursued a new border security strategy with an unprecedented sense of urgency, making historic investments in personnel, technology and infrastructure while combating transnational criminal organizations that smuggle weapons, cash and people across our shared border with Mexico.� She said that Operation Stonegarden is one part of our overall strategy to provide state, local and tribal law enforcement on the frontlines the resources they need to confront the complex and dynamic challenges that exist along our borders.

    The fiscal year 2010 Operation Stonegarden grants�totaling $60 million nationally�support 15 border states and the Territory of Puerto Rico to enhance the capabilities of federal, state, local and tribal law enforcement agencies to secure U.S. borders and territories. Funds were allocated using CBP�s sector-specific border risk methodology based on threat, vulnerability, miles of border and border-specific law enforcement intelligence. Nearly 80 percent of the fiscal year 2010 funding will go to Arizona, California, New Mexico and Texas�up from 59 percent in 2008. Operation Stonegarden grants can be used to support law enforcement personnel, overtime, and other related costs to increase operational readiness.





    More... (http://www.visalawyerblog.com/2010/07/san_diego_immigration_attorney_27.html)



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  • blitz456
    06-08 12:31 AM
    Hi

    I am about to start my process for green card. Not the best of times to file, but I absolutely cant afford to lose more time. My filing would be in EB3 as I have a 3 year bachelor degree. I have a professional accounting degree also but I dont think I would be making use of it. My approach right now is of least risk.

    What I am little concerned about is the designation / job code to use. Though I have worked as a Programmer Analyst till now for 8 years now with some elements of Business Analysis - my idea is file as a Systems Analyst (Onet code - 15-1051.00 ). The reasons are two fold - one, to allow me to work as Business / Financial Analyst when I decide to change my role couple of years down the line and second, to limit the number of responses to advert given present market conditions.

    I am not sure if what I am trying to do has any risks. My lawyer suggests that I should put only and only those elements in advert, for which I can provide experience letters at I 140 stage. So the exact business analysis elements may be difficult to get, but I see the job description at Onet site can quite fit my profile well. (I have done requirements analysis in my last job)

    Also I am wondering if I need this approach at all. Like if I would want to work as a Business Analyst later on, I could file an another labor in anycase - the time lags to get 485 cleared are so long that I can get another labor approved before I apply for 485. This way right now I can get the priority date crystallized first up and care about job role later on.

    However I dont know if the other reason - to prevent too many applications by posting this job code is a pragmatic one or not.

    Please advise. Thanks much in advance.




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  • for_gc
    04-14 09:42 AM
    All,

    I saw the following data released on Murthy bulletin today about PERM and BPC cases. I thought I will share it with you all.

    PERM:
    The DOL states that 80,272 PERM cases were filed during the above timeframe. Of these, 36,687 have been certified, 1,950 have been withdrawn, and 23,205 have been denied. The denials have been for a variety of reasons, including small errors made on the forms. Thus, many of these cases were refiled and may have been approved, ultimately. The remaining cases are pending.

    There have been 24,960 audits. A breakdown of the number of cases approved and denied after an audit was not provided.

    BPC:
    The backlog processing centers (BPCs) began with just over 363,000 labor certifications in the backlog. The DOL reports that 108,000 of these cases have been completed. There are at least 255,000 cases that have not been completed. Of those cases completed, approximately 50,000 have been certified. This does not mean that there have been high rates of BPC denials. We believe it reflects the fact that a case is deemed "complete" if the employer chooses not to go forward at the 45-day letter stage.

    DOL believes that all special-handling cases have been identified and contacted. Full data entry for all cases still appears to be slated for a June 30, 2006 completion.

    This data may help us in doing some more calculations for regrogression date movements.



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  • zoooom
    10-29 05:54 PM
    Hi ,
    One of my friends applied for his GC thru a consulting company which he does not work for...He used to work for the company but left that company before he decided to file with them...Since he has good relations with the company, they decided to file for him.
    The company recently filed his I140 but they got a RFE on I140. INS wants to know why does the company want to hire him and why he left the company in the first place..does anyone in the forum has a similar experience to share...The RFE is actually for the conmpany but the owner wants my friend to write a letter and mail it to the lawyer. Any help is appreciated.




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  • eyeswe
    08-23 02:38 PM
    My take and I am far from a lawyer.. so this is not legal advice...

    You can study on H4
    You cannot accept a scholarship
    You cannot take an in-campus job
    You cannot do an internship, apply for CPT or OPT's
    If the above are all true.. there is no need to inform USCIS



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  • TomPlate
    07-10 09:25 AM
    Big thanks to the entire group. We should not be happy unless we get our goals done.

    1. They should take the applications for July 2007.
    2. They should make PD July 2007 for the coming VB atleast. Because it was current in July 2007.
    3. They should increase the VISA numbers so that the back log is no more.
    4. They should not seperate husband and wife because of this idiotic immigration system. One having a green card and other partner not able to be with them. Because we INDIAN strongly believe in marriage and not like AMERICAN marrying more than 1 wife or husband.

    LOU DOBBS down down CNN down down




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  • LegalIndianInUSA
    06-19 10:55 PM
    Did anyone's doctor attach the following supplement to their application or am I the only one ?

    http://www.cdc.gov/ncidod/dq/pdf/ti-03/appdx-a_693vacc.pdf



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  • mars
    09-25 10:52 PM
    Hi,

    Thanks for your response..

    So what if DOL doesn't respond before the H1 expires..Can the Employer file for H1 Extension without an approved LCA ??

    And if the LCA is denied because the DOL doesn't recognize the FEIN what options have we got..Can the employer reapply for LCA or just submit the Info and wait for info from DOL ??

    Thanks
    mars..




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  • CRAZYMONK
    12-14 02:56 PM
    Even though your end client is not the direct client for your employer, they might have used the laguage in the non-compete which reflects the scenario. So check your non-compete document.

    May be the final verdict is in favour, you need to take so much of pain in the whole processes. If you prepare for these upfront you can go a head and fight. I had seen couple of instances in the NY, with my friends, where non-compete became VOID.



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  • Libra
    09-15 10:26 PM
    And there are last mintue deals, 160 round trip, and get a free accomodation by contacting IV. Just one day, take time off work and make up those hours by working 10 hours/day. It's easy guys, com on now.




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  • ss2005
    05-19 11:41 AM
    If your company pays for there own lawyer then go ahead and change it to new one. As the response from lawyers will be fast. And you can avoid big expenses if you retain earlier law firm. Keep in mind Lawyers charge for each and every thing they do.

    I did this and recently gave G28 for new lawyers. (But when my H1 was transfered new company lawyers goofed up the office address and I have not yet received I797 any how this is a different story. Planning to apply for a copy)

    Why I am reluctant to go with new guy is due to EVL content.

    Old guy knows abt the case and prepare the letter accordingly.

    My concern is...if I retain old guy... Is it legal to pay expenses from my pocket?



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  • hydubadi
    04-30 03:56 PM
    Hello Gurus,

    My 6 years H1B visa term is expiring on Apr 30th 2008. My company filed 3 years of extension on approved I140 basis, which is still pending as of Apr 30th 2008. And my I 94 is dated till Apr 30th 2008.

    I filed my I 485 in June 2007 and got EAD and AP

    1) What will be my status after Apr 30 2008. Will I still be on H1 status, if not what will be my status.

    And what is 'H1 pending for 240 days rule'.

    Your answer is very much appriciated.

    Hydubadi.:confused:




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  • jpmaddali
    04-27 04:38 PM
    Friends,

    My EB2 I-140 got approved during 1st week of April and USCIS successfully ported my EB3 priority date of Jan, 2006 to the new EB2 I-140. As per my attorney, interfiling shouldn't be done as I have been with same employer all along and same employer sponsored for my porting. The attorney says, this should be automatically taken care of by USCIS.

    My question is...I couldn't find the proper procedure/documentation for my scenario. Did any body come across this situation and can any one offer any suggestion?

    Thanks for any inputs,



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  • GCLONGWAIT
    09-29 03:54 PM
    A background on my case. I have a valid H-1, stamped on my passport. Also, I have my GC in process for 4.5 yrs. My husband was on pending I-485 & working on EAD. In may 2010, my pending I-140 was denied and then appealed. And following that, both mine & my husband's I-485 was denied after 2 months. Our lawyer did file MTR within 30 days of I-485 denial and its still pending:

    Questions:
    1) Can my husband apply for H-4 by being within USA or he has to leave the country?
    2) Also, since he is not on any non-immigrant status, does the accrual of 180 days of illegal stay apply to him?
    3) If it does apply, what are the chances of him getting the H-4 approved if he applies from Canada or home country?
    4) & If he leaves the country, is he abondoning the pending MTR of I-485 which would lead him be out of the GC process completely?


    Any expert input & feedback on my queries will help me to figure out my scenario. I have consulted couple of lawyers on my case, but all of us has mixed feedback which is making it very tough to get the right answer & make the right decision. I am in complete messy situation right now.

    Also, if somebody gone thru or going through the similar situation pls. let me know what was the result on your case. Ur help is highly appreciated




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  • breddy2000
    10-01 10:32 PM
    I am on a L1 visa which has expired April 2006. I have got my petition extended till 2008. Can I transfer my L1 from Employer A to another Employer B. Can employer B transfer my current L1 petition to his company?

    Please reply ASAP.

    YOU CAN CHANGE FROM L1 TO H1 only and also whn quota is open. I did it myself last year. Send me a PM if you need further details.




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  • sreedhar
    10-11 12:51 PM
    can u pls let me know ur date your application has been mailed and to which center.

    I mailed it to NSC on aug 3rd nothign yet..

    Sorry to hear that....Mine is TSC and They receieved my Applications on Aug 13, 2007. But One of My friend Filed with NSC and They receieved his application on Aug 16, 2007. His Check got cleared couple of days before.

    Thnaks,
    Sree




    factoryman
    06-19 11:00 PM
    supplemental 693. No brainer. All do.

    Did anyone's doctor attach the following supplement to their application or am I the only one ?

    http://www.cdc.gov/ncidod/dq/pdf/ti-03/appdx-a_693vacc.pdf




    DallasBlue
    07-31 08:15 PM
    check out this http://immigrationvoice.org/forum/showthread.php?t=5400

    question: can I file without employer letter
    For an employment-based petition, in order to proceed and be valid,
    they
    need to still INTEND to be employed by the sponsoring employer if and
    when
    they get their green card. The employer however, does not need to sign
    any
    forms per se with relation to the adjustment petition. If the alien is
    currently working for the sponsoring employer (on H-1B or other) he or
    she
    can port or transfer employers without penalty or without losing the
    green
    card process 180 days after they file the I-485 petition. At that
    point,
    they can change employers and work for whomever they wish (provided
    they
    have a valid work permit)



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