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Thursday, July 7, 2011

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  • arnet
    09-08 05:27 PM
    i think it should be ok because some apply with non-availability certificate instead of birth certificate since they cant get one. Usually it depends on the immigration officer who reviews your petition at that time and what decision he takes. disclaimer: But check with your immigration attroney as I'm nt an attroney.

    if possible get one with first/last name, i think it is easier to show the existing one and get new one because existing one has parents details too. dont take chances in I-485, because if anyone get RFE (query) then it will delay your case atleast a month or two, because you have to resend one again.

    How about birth certificate stating initial and First name (not first name and last name). Any sugestions?





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  • bp333
    09-25 01:15 PM
    What did the rejection notice say. Did it mention that checks are missing or did it say right amount was not included. My rejection notice said that the check was not made for $1010.00 But my lawyer says that the returned packet did not have the original checks in it and that the text on the notice is just a catch-all reason.

    When did you resubmit it and did you hear any update ?

    I have not received any receipt or rejection yet. Speaking to my lawyer, I understand that they missed to send the check.





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  • desi3933
    03-05 12:24 PM
    There is a sudden change of plan. My company wants me in US for two months - March 15 - May 15. Then i have to go back to India till Dec 09 and come back to join work from Jan 2010. My questions -

    1. Will i be facing any questions at the immigration (point of entry) when i come back on Jan 2010?
    2. Any other situation or scenario that i should be aware of?
    3. If i receive pay check for just two months in 09, will there be a problem when i file taxes for 2009?
    4. How long can i stay outside US on a H1b visa?

    Thanks a lot.

    The key question is - what you will be doing in India during the period you are out of US? Will you be working in Indian subsidiary of your employer?





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  • plusme
    10-19 09:37 AM
    Hi,

    While filling the Labor my attorney used my education (Bachelor's degree BSc Comp Science and one year of diploma in computer science) and as well as the experience which was 8 yrs in 2008 for EB3. Then my labor got approved. So we applied for I140, then USCIS had an RFE on my case saying this education is not enough so my attorney prepared some documents showing this BSc Comp science is equivalent to US 4 yrs degree. Then in a month time immediatly I got my I140 denied, So after that my attorney appealed with I290 form, Still got rejected in 3 months then again my attorney re-appealed to it by adding some more information to it. So now the status is showing as Initial review with AAO.



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  • st4rguitar
    04-06 02:02 PM
    Hi All,

    Here is my situation and I would like to get some feedback.

    My I-140 sometime back was denied as I have a three year Bachelor degree and the Labor had asked for "3-year Bachelor or foreign equivalent" (I did use the threeyearpeople.com but it did not pan out for me). I had my lawyer file an appeal immediately. I know it probably will be denied but I have exhausted my 6 years on H1 and need to have the process going for H1 extensions.

    I also started a new PERM process, this time without the degree requirement. My PERM was approved and I-140 has been filed.

    Now The thing is that I about to finish my masters in May and after I get my degree I am considering filing an EB-2 petition using my Masters. My questions are:

    1) Can I use the masters degree that I got with the same employer for filing a new process under PERM? The lawyer is saying that I cannot but my research seems to indicate that while we cannot use the experience gained with the same employer, there is no restriction on using the degree that we receive with the same employer as long as the employer does not pay for it. Am I correct? If so, can someone point out an official resource? a memo or something. I intend to take it to my boss and try to convince him to refile in EB2. The reason of course being that EB3-ROW is retrogressed.

    2) Can I have two GC with the same employer? I know that I can have 2 GC pending with 2 different employers but can we have them with the same employer? Are there an requirements in terms of salary, job title etc?


    Thanks in advance for your input,

    Regarding the EB3 initial case you filed, the requirement should have been a 4 yr bachelor's degree plus 1 year of experience with the alternative requirements of a 3 year bachelor's degree and a 3 year master's degree. We took over a case like this from another law firm where it was denied and we won ONCE, maybe because the officer was in a good mood. Likely, you are right, the appeal will not go through.

    Your master's degree can be obtained while you are with your current employer, yes, as long as the employer doesn't pay for any of it. Your experience however must be with a different company or in an extremely different position within the company (sometimes hard to prove, though.)

    You can work on the process for your EB2 case, but I highly doubt it would be advisable to file a new EB2 I-140 petition for the same company while the other I-140 with the same company under EB3 is still pending. One big reason would be ability to pay. The best thing to do IMO would be to wait until the new EB3 petition under I-140 has been approved and then file the new EB2 and do a re-capture of the EB3 priority date.





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  • kondur_007
    09-22 03:09 PM
    Hello IVans,

    According to Attorney Murthy on June 27, 2008,
    "It is hoped that, as the USCIS works through the numerous pending I-140 petitions, premium processing will resume on a more widespread basis"
    http://www.murthy.com/news/n_pp4140.html

    I strongly feel that AILA and their associates are pretty good at predicting the policy changes within USCIS / DOL. In my observation, such statements by leading immigration Attorneys have resulted in near future procedural / policy changes. I consider this as an hint to all GC seekers to brace for I140 PP across the board, not just for people on the H1B brink.

    Does anyone feel the same? any thoughts?

    I did not believe it at that time (July). However, looking at the flow of approvals from even NSC (they processed my case filed in April 2008); I now believe that I 140 premium processing will resume soon (in next couple of months).

    I am not sure how will they phase it in; may be first for all new filings and/or for people with current PD and then more widespread (hopefully based on PD).

    TSC has been processing 2008 cases since past 3 months and NSC is doing so for at least a month now (they seem to have processed July/Aug cases for the past 10 months). Also, the first couple of quarters will be slow as far as I 485 processing goes...so they can probably concetrate on I 140s and resume flow of MONEY :p



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  • fcres
    07-26 10:02 AM
    Documents required for EAD/I-765 per person:

    Completed Form I-765 (EAD):
    http://www.uscis.gov/files/form/I-765.pdf
    2 photos(full frontal)
    USCIS filing fee - $180.00 check payable to 'United States Citizenship and Immigration Service' OR 'USCIS' with your (A# or SSN#) and I-765 mentioned in the comments section of the check
    Copy of recent I-94 card (both sides)
    Copy of visa page of passport in color
    Copy of driver's license
    Copy of I-485 receipt notice (if applicable)
    Copy of I-140 approval notice
    Copy of Marriage certificate (if applying for spouse)

    I also included the latest H1B Approval Notice and Birth Certificate as per the checklist by my lawyer. His fees was high so I filed couple of weeks back and got the Receipt Number from the back of my check.

    Since this is not concurrent filing, i think the fees will increase on July 30th.





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  • VivekAhuja
    02-04 04:15 PM
    Inviting parents to the USA and getting their visa is not dependent on what your immigration status is in the US. As long as you can support them (job/salary) and you are legally present in the USA, you can invite them. Getting the Visa is entirely dependent on the interview. No amount of supporting paper work will help if the interviewer determines (for whatever reason) that they will become public charge in the USA (even health wise) or that they will not leave back to the home country.



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  • gc_dreamer_485
    10-04 03:17 PM
    Hi Folks,
    I had applied for AOS,EAD and AP for me and my wife on July 2nd.
    I got my EAD, Finger Printing Notification, but my wife's application got returned on Aug 30th. I called USCIS after 3 months to find out status on her case and they said it was returned on Aug 30th which we haven't received so far. The reason for rejection was incorrect or missing check.:(
    So, can please any one tell me if i can re-apply her case even though i did not get her application back?
    Any information on this will be greatly appreciated.

    Thanks a lot
    gc_dreamer_485





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  • continuedProgress
    01-15 10:01 AM
    Employment contract/non-compete is the place to look. Now, if you haven't signed any employment contract with your employer (that says otherwise)- you are good to make that change.



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  • acecupid
    07-11 05:31 PM
    Lets not get over board with excitment. Over doing it might be considered as harassment. Besides we have achieved the main goal of the campaign. Lets focus our resources to the rally. I think media attention thru flower campaign, rally and lawsuit are excellent strategies in increasing order of intensity to push for our cause. I'm glad you are excited to take this a step further, but lets focus our energy in the right direction!:)





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  • qtoask
    07-11 12:22 PM
    TRUE, until IV co-ordinates rally on specific dates.. we members need to have that momentum flowing...


    I thank the idea of initiating and going about this so quickly. But if the IV or the majority of them here decide that they are going to hold rallies in San Jose/DC area, then I would not be able to participate since I don't see much representation in Denver/Boulder area.

    I would appreciate that IV and/or its core members support the concept of sending more flowers/letters/cards etc.

    Nothing of this kind is overdoing here.
    Send Cards/Letters and more flowers

    Keep the momentum going. This is not a one time affair

    Anand Sharma



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  • rcauvery
    07-16 02:01 PM
    You can update your signature by going to the user profile on the top left corner of the page and click on Edit Signature on the left navigation bar

    http://immigrationvoice.org/forum/profile.php?do=editsignature


    BTW - Can you please share the phone number you called to reach NSC?

    Good Luck with your processing.





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  • vamsi_poondla
    12-20 08:03 AM
    Receipt Number: SRC0XXXXXXXX

    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Notice Returned as Undeliverable.

    On December 19, 2007, the post office returned the notice we last sent you on this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS as undeliverable. This may have serious effects on processing this case. Please call 1-800-375-5283 to update your mailing address for this notice to be re-sent..

    I have not yet got the FP appointment. Could this be the letter for that or something else serious?
    After filing, my address changed.
    I submitted AR-11 form, called USCIS and updated address, when opened SR last month gave them the new address to for which any notices have to be sent etc..but still got this letter from our super efficient USCIS.



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  • morchu
    05-04 02:11 PM
    Good point regarding export regulations. I dont have much idea in this scene.

    Not exactly correct. Once, he left the US for a long period of time (except vacation) the employer should remove him from US payroll and terminate the H1B. This is the very legal way. If employer want to receive employee's service outside the US, the employer should "outsource" the work to him. In this case, both the employee and employer must follow export-import rules between two countris and pay appropirate tax in both countries.

    After employee left the US, if employer continously keeps him in US payroll using his H1B authorization for work eligibility, and receives his service or work from abord; it is the violation of LCA work place. If USCIS knows that the employer will be in trouble.





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  • YesGC_NoGC
    07-14 02:41 PM
    One of my friend informed that his check has been encashed, his application was delivered to USCIS on July 2nd, His priority date was current in June.



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  • glus
    11-26 05:39 PM
    Thanks for the replies, I did not get my approval notice so far and the travel is around the corner.

    Take infopass and get I-551 stamp in your passport. Print out your online status and when you speak to an IO explain the situation. It is risky to leave the states at this point.





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  • gc03
    11-17 07:41 AM
    Congratulations! Jai hind





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  • jackisback
    05-05 06:31 PM
    There is no AP card or an approval notice. When they send the approval notice, they mean the actual AP papers - which is a 1-page document.
    They send 2 copies of that.

    Like an earlier post said, you can take Infopass and/or call customer service no.
    My AP was approved on April 27 and I got it in the mail on 05/03.





    gopikrishnayr
    09-07 10:34 AM
    I just spoke to my attorney and according to him there might be other repurcussions if I block the check. It seems he has heard cases where Federal govt can do proceedings against you for blocking a check and you might end up paying more. Did anyone block their checks sucessfuly and not get into any issues.





    shana04
    07-23 12:55 PM
    Thanks Snathan this will be the best. Problem I am facing is that no one is willing to start GC process unless I join them and they start making money to offset the costs. Can you suggest someone who can help?

    1. If you stick to your current company, you might make money for few months but you are loosing all that extra cushion i.e. you need time for h1 transfer and applying for labor.

    2. If you don't trust and join the new company why would they trust you

    3. Body shoppers have mutual interest. They do it for money. They would not start your GC process unless you join them

    4. As Snathan said, by the time you file your h1 and get it transfered it will take time. so why not do it.

    5. If you want your GC process take risk.

    6. Money is not always the crietria. Go gain some thing you need to loose something.

    I wish you both good luck on finding your new employer and filing GC.

    Play safe.



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