Friday, June 10, 2011

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  • srk49
    12-26 01:11 PM
    I am a new member based in CT. I am glad I attended the december 25th meeting at Stamford, CT. Himanshu presided over the meeting and gave us lot of new information about what's going on in the immigration world and how Immigration Voice is helping out.
    I think instead of fighting our battle alone if we come together and voice our problems there is a better likelihood of a positive outcome. Immigration voice can help us channelize our efforts and get the necessary immigration status.
    I don't want to wait half my life getting my green card. Life is short and there is no guarantee about anything but I urge everyone affected to join this movement. We are in a capitalistic country and nothing ever happens without necessary funds so I urge you to please donate generously. If you never buy a lottery you can never win it . It's a bad analogy but I hope you get the point :)

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  • nixstor
    08-04 01:45 PM

    May be you are joking or you didnt get my point.. I was wondering if there are any people who support these DOL sw/hw Systems are struck in Labor as well.

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  • Ann Ruben
    02-23 10:58 PM
    There are basically three options in your wife's case: Do nothing, file MTR, or travel abroad to obtain visa. It is not possible to evaluate these options without knowing the basis for the denial. Knowing whether or not your wife has a pending AOS along with a valid AP is also essential for making any recommendation about how to proceed.

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  • jetflyer
    05-14 11:37 AM
    You are asking best of best in the area which has US most richest counties and for $300K.
    Its hard but housing market slowdown may work in your favor. Very good move, good luck.


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  • s416504
    08-29 03:56 PM

    No Receipting Update as on 29th Aug 89 76.72%
    Receipted on/before 29th Aug From NSC (LIN) 17 14.66%
    Receipted after 29th Aug From NSC (LIN) 1 0.86%
    Receipted on/before 29th Aug From TX (SRC) 6 5.17%
    Receipted after 29th Aug From Texas (SRC) 1 0.86%
    Receipted on/before 29th Aug From VT/CA 2 1.72%
    Receipted on/before 29th Aug From VT/CA 0 0%

    Voters: 116. You have already voted on this poll

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  • hpandey
    06-18 02:27 PM
    It is currently taking a long time to adjudicate MTR's ( for some more than a year or so ) . I would say file a MTR and also file a new perm labor . I suggest going with EB3 rather than EB2 since rules for EB2 are now more stricter than before along with more scrutiny and RFE's. But its your own choice.

    I think the new labor would get approved before you get a response for your MTR. If they clear the original labor well and good or else you would at least have the new one .


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  • innervoice
    01-10 05:57 PM
    My son I-485 application got rejected in Sept 07 and the I resubmitted the application in Oct 07 with correct fees, Check got cleared in Dec 07 and received FP notice with appointment due date in Jan 08, but haven't got my I-485 receipt yet, I talked to customer service and she said it showing the application is rejected on Sep 07, and she will made further inquiry and let me know through email. This thing really scared me, Can someone please shed on light on this.

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  • gcnirvana
    09-15 05:03 PM
    ...on whether you did a Bachelors or Masters. Also you can wait till December to get your Degree and then apply for the GC.



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  • satishku_2000
    11-29 04:01 PM
    Hello Gurus,

    I got an RFE email yesterday for "additional evidence and/or information" for my pending I-485 (filed Jan 05 for Jun03PD, approved I-140). Hope to get the RFE letter by next week. I am hoping that the RFE is for the usual EVL/pay-stubs/tax-returns/ question.

    Meanwhile I have travel plans starting Dec 13th. So want to get the answers/requested documents to the attorney before I leave. Since my status is still AOS(pending I-485) and I have a valid AP, I am assuming there should be a problem at the POE ? what you guys think?


    did you use AC21 and inform USCIS?

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  • kondur_007
    07-21 08:59 PM
    Your Lawyer is correct:

    As you left your employer in less than 180days from filing 485, you can not invoke AC21.

    The only way for you to save this GC is to have intention (both, you and your employer) to have permanent job after GC and you and your employer should be able to confirm that in the event of an RFE.

    Furthermore, if there is no RFE and your employer does note revoke I 140; and your GC get approved; you will have to start working with your employer (duration of such employment is never clarified in law; search the forum for details). If you dont do so, you may have trouble later on (CIS can revoke GC or you can be denied citizenship with revocation of GC several years later...).

    Therefore, it may be a good idea to start another GC ASAP (if your current employer really does not want to hire you once GC is approved) and have another status as a backup to fall on to just in case your employer revokes I 140 (which he ideally should if he is not intending to hire you after the GC is approved).

    Good Luck.


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  • ivar
    06-18 10:41 PM
    I received the very heartbreaking news that my EB3 PERM application filed OCT 2007 (with audit) was denied. Audit was requesting a copy of the Newspaper AD which the lawyer sent last NOV 2007. Reson for denial was because the copy that the DOL recieved was not clear and some words as part of the Newspaper name was missing.... An appeal will be filed soon.

    Any suggestions from the gurus?

    I have bachelors with more than 5 years of experience, is it adviseable to file new PERM under EB2 category?

    For people who filed motion or an appeal, could you please post your feedbacks/experiences?

    also, im on my 7th yr extension and it will expire on FEB2010... will I have problems with my extension?

    I had simillar situation as yours. My PERM was audited and than denied. I had appealed my case and after about 10 months of wait i ran out of patience and decided to withdrawn my appeal and file a new PERM. Please decide for yourself the best option. I think in your case appeal would be a better option because i assume you are extending your H1b based on your current PERM application. You can keep extending your H1b till your appeal is pending with a hope that it will be approved. Remember one thing you cannot file a new PERM with the same company for the same position. You can try to file a new perm for a different position through the same company as a backup, if your company is ready to support you.

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  • paskal
    10-22 08:58 PM
    a few hours of your time would be invaluable!
    make it a family thing- take the time to enjoy yourself too.
    but please do help out. needhelp! has put a lot of effort into
    this initiative and good will certainly come from it. now your
    help is needed. come on folks- a couple of hours? surely that
    is not too much to ask for........


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  • sdrblr
    09-09 10:26 AM
    I second it :) NO SSN REQUIRED FOR PP. I filled out 000-00-0000 for my son. I believe there was a site or document I looked up and got this info (dont remember where I found it).

    You dont need a PIO. If it is emergency or you dont have time, just get a multiple entry visa. For kids at that age it does not make any difference whether they enter on PIO or a visa. Chicago issues visa the same day.

    BTW does Indian consulate do background check and issue 221(g) :D:D

    PS: I live in IL as well and you dont need SSN for kids to get a PP :)

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  • kak1978
    09-24 10:50 AM
    but we received an RFE Yday forwarded from my old address which I moved out 1 year ago and filed AR11.

    also the RFE stated that there is no G28 representation on our case and worst thing was online status is still pending.

    We had lost 13 valuable days because of address they used in RFE.

    Good Luck.!!

    What was your RFE about?


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  • sxv7392
    12-19 11:42 AM
    We are about 4 people in Austin we need some direction so that we can be of some help.

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  • pvganesh
    10-28 01:17 AM
    Thanks again for your advice..

    I have experience as 'systems analyst' continuously but job duties/responsibilities increased over last 7 years; during this time received multiple trainings, certifications, outstanding performer awards and traveled other countries for work etc. Will these help in proving 'progressive experience? My PERM requires Masters or 60 months of experience in any of the positions; programmer or IT analyst or systems analyst. Would it be sufficient in this case, if we can reflect progressive job duties in experience letters.

    I have seen in many forum posts that affidavits from co-workers at client location (not colleagues) are valid, is this really true?

    I'm planning to have a consultation with an attorney for a second opinion on this and discuss the strategy, how this petition should be filed, do you recommend?

    Thanks in advance.



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  • va_il
    03-15 01:55 PM
    u r kidding - u think these blood suckers will sponser a ticket after u leave them - he heee. AFAIK, even American companies won't bother after u get layed off

    Thats is the law. They have to provide no matter how much blood suckers they are. Of course it depends on how you make them realize that.

    I was offered one when i was in that situation way back in 99.

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  • desi3933
    03-15 06:59 AM
    Thanks coopheal, desi3933.

    But in case of switching from H1b to EAD (while working for H1b/GC sponsoring employer), there is no termination, changes in the employee�s eligibility or change in job duties. So no requirement to cancel H1b.


    Switching from H-1B to EAD comes under change in employee's eligibility. That's the reason new I-9 is filed (to reflect change in employee's employment eligibility).

    Not a legal advice.
    US citizen of Indian origin

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  • diptam
    06-23 01:15 AM
    Generating receipt may take 7-8 days but if they open it
    Monday June 25th they may reject it saying its not current .... ??

    That rejection will probably come back after 7 days too :-)

    Interesting question. Since they are taking 8-10 days or more to generate receipts perhaps we can send papers in now and hope they generate a receipt in the first week of July.

    03-17 08:00 PM
    EAD etc. are only supplementing documentation which the underwriting agency may or may not look. The real thingy is ur cashdown, credit score (time of accounts in good standing) & W2's. We went with ING with absolutely no problems whatsoever (yes the market was not good at that time) and got a better interest rate with no questions asked (ead, gc etc.), we both ver in h1's when v applied!

    03-02 06:16 PM

    I've been an infrequent visitor to this site in the past, but it has helped me substantially especially when I've been frustrated with the GC situation - I feel the need to share this, hoping that it might help others. I'm posting in this forum because this is the place people tend to ask questions of lawyers. I'll try to keep this simple so that its easy to understand.

    Me: EB2 PD March 2005 for first job. I-140 approved 2006. Promoted to different tile in 2007 Jan, second EB2 filed in March 2007.
    Wife: EB2 PD Feb 2007.

    During the 'fiasco' of 2007, because I did not have an approved PERM for my new job title, we filed for 485's and 140s through my wife with me as the dependent (Having an AP is worth it when traveling overseas, especially if you anticipate traveling for emergencies and don't have the luxury of checking in for an appointment with the consulate to get a visa renewal - also removes the stress of another interview). Neither of us applied for EADs because we were more secure on the H1 visas - your status is immediately screwed if you switch to EAD and your 485 is denied.

    In 2008, I received an RFE on my 2nd PERM application (which was addressed by my company - I have no clue what it was about). In 2009, I received an RFE on my 485 application through my wife, we replied to it through a very good lawyer.

    Last year, my original LC PD became current! However, our 485s were tied to my wife's application. After speaking to many lawyers, we understood that there were the following options:-

    1. Withdraw the earlier 485s, file completely new ones based on my PD (supposedly the safest from GC point of view, because it leaves no room for confusion. Downside is processing time, app getting lost, losing AP/EAD from earlier 485 etc)
    2. File another completely new set of parallel 485s, and leave it to UCSIS to figure out that they needed to pick one with the earlier PD (overkill and confusing as well. UCSIS now deals with 4 485 applications, and chances that they will get confused magnify. High processing time as well)
    3. Send a letter requesting that the 485 applications be reviewed based on my PD as opposed to my wife's. (Upside is that its potentially the fastest, is approved by the UCSIS, and you can track it by calling up. Downside is that they may simply don't respond because its not really a legal document that's being sent. Then you get stuck just running for Infopass, SR, Congressman etc)

    I have to say that choosing the right lawyer to handle your case is possibly the most important thing you can do. What some of us don't know is that while the earlier stages of the GC process are applications made by the company, the 485 application is an individual application, and you are legally allowed to do so through any lawyer you wish to. In our case, we chose the law firm we trusted, even though it was more expensive. They recommended option 3, and we went with it. That was 4 months ago.

    On Saturday (2/25) we received email saying that the card were in processing. This afternoon we got our cards in the mail - a nice surprise.

    Moral of the story:-

    1. Do your homework, get multiple opinions - no one will care about your GC app like you do.
    2. When you move and update the AR-11, make sure you update the address for pending cases as well - this will ensure they mail your GC to the correct place.
    3. Don't do anything illegal :)
    4. Hire the best lawyer you can if your case is not straightforward. Our lawyer was always willing to talk to us at a few hours notice, was very prompt, and was proactive in checking up on UCSIS updates, bulletins etc.

    Best wishes.

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