Thursday, June 9, 2011

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  • ASR
    07-08 02:51 PM
    Hi All,

    Give me all your valuable suggestions for the below case:

    - Got a full time offer for my wife who is working on H1 and has EAD too.
    - She decided to transfer her H1 instead of using EAD.
    - My wife has sent all the necessary documentation to the lawyer.
    - Mean while, we got I-485 approved. As per lawyer, upon 485 approved, H1b and EAD is no longer valid.
    - We have not received I 485 approval notice through mail yet. We just have email from immigration

    Our question is on what should be the valuable document that can be shown as eligibility proof to work as we have not received I-485 mail and cards yet.

    Another question is: Can we visit local USCIS office for the temporary green card stamp based on the email got from immigration.

    Your response is highly appreciated.





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  • Junky
    09-22 03:20 PM
    Just gave you green
    44 Red dots for requesting people to call :mad:





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  • rbashir
    09-01 09:10 AM
    guys and gurus, Very desparate at this point, any help will be appriciated, I really need to answer these questions, please give me some guidance or some sample responses if any body of you have gone through same issues. PLEASE HELP
    I have a very unique in RFE that I got. First a little background, My first H1 was with company A, from 2001 to 2003, in the year 2003 , the company had ran out of projects and had no more work for me. The vice president of the company A started his own company (company B) and offered me a job and did my H1b, I am still with the same company B till today. My labor is approved; I-485 is applied, got my finger prints done. Now the real issue, recently I got RFE on my I-140 and have 12 weeks to reply. With the standard RFE I have been as some other questions also. Here is my RFE in numbers

    1 - It does not appear that the beneficiary has the two year experience in the job offered as required by the ETA 750 by the priority date.
    My Question is how do I prove it

    2- It is noted that (employer�s personal name) appears to be the Vice president of company A and Company B. Is this correct
    Yes. I have explained the reason

    3- The employment letter of company A is not dated and cannot be considered

    What if I may get the employment letter with date, I do have my start date and end date mentioned though on the letter

    4 - Please submit letter on company letterhead from former employers that identify their authors, the author�s job title and addresses and they must include detailed description of the duties performed including the dates of employments.
    I do have the letters from my previous employers but not unnecessarily with the all informations that they are asking, how should I handle this

    5- Please provide evidence the beneficiary has required experience as stated on the individuals labor certification by the priority date

    6 - Please submit at least one of the following for 2003,2004,2005,2006 from the petitioner of the i-140
    A copy of the corporations annual federal tax return including copies of all schedules or
    An audited financial statement or
    An annual report

    7 - Please submit a statement from the petitioner and a statement from the beneficiary. Please explain the relationship between the owners of the petitioning business and the beneficiary.

    8- Does the beneficiary have an ownership interest?

    9- Is there a familial relationship [ between the owners, stockholders, partner, corporate officers, incorporators of the petitioner and the beneficiary/

    10 - The indication must be made by the petitioner and the beneficiary

    11- If a relationship does exist, please submit a detailed exploitation and provide evidence that the relationship was disclose to the Department of Labor prior to the certification of the ETA.

    Now, I do not have familial relationship with the vice president of the company, I do not have any owner ship interest in the company. It is strange the VP of the company A and company B is the same guy , since he left company A and started his own company B and I moved with him to company B since he has a job for me.


    Please help me here, I am really worried what to do and how to have all this information replied.

    Thanks





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  • anilsal
    10-05 04:55 PM
    IV Core.

    Another visual proof of your dedication to the cause.

    Please continue the great work.



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  • jayleno
    08-13 10:32 AM
    What happens if everyone opens a thread for each goldmedal?...

    Michael Phelps breaks all time Olympics World Gold Record. Congratulations !!!

    http://www.nbcolympics.com/newscenter/news/newsid=205871.html#phelps+sets+olympic+gold+standa rd

    http://en.wikipedia.org/wiki/Michael_Phelps

    More golds expected.





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  • pd_recapturing
    10-14 08:59 PM
    Please suggest. Bumping up ...



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  • bsbawa10
    08-14 09:43 PM
    **********EDIT:
    Since some people were corrupting other's data, . I do not know if it was intentional or unintentional. If it was unintentional and you do not know how to use spreadsheets, please Fill the form by going to
    http://spreadsheets.google.com/viewform?key=pQG8H7vLQOz5-YnFYQw71PA

    To view the complete data, please visit the link : i.e.

    http://spreadsheets.google.com/ccc?key=pQG8H7vLQOz5-YnFYQw71PA&t=6902263567496904009&guest

    The spreadsheet is totally sorted now according to the PD. I had to make one change though. The day of the month of PD was not mentioned and I had to write something to sort it out. I made it 1st of the month for everybody to be able to so sorting. I guess we can live with that abstraction.

    Some people are not acting responsibly on the data. I made changes now. I brought the data back and also you will have to login into your gmail account now tobe able to make changes.

    My humble request to all please act responsibly.
    Do not edit somebody elses data.
    Do not add/delete/modify any column.
    Do not sort the data. If you really feel the urge, import it to your local computer and then sort it.
    I will sort the data according to PD periodically.

    You can add your own row at the end . Also please please do not sort the data.





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  • Sakthisagar
    11-16 01:05 PM
    Rajeev was mentioning Sen Robert Menendez (D-N.J.), name for S.1085 bill. I called his office two times, I will make it a point I am calling him every week. Rajeev Please let us all know if you have any update that Sen.Menendez have plans for S.1085 along with Dream Act??



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  • dilipb
    01-31 05:32 PM
    What I am asking is "what does processing date mean"?
    Does it mean that they have started working on my application?
    or that the cases on that date have been finalised either by way of approval OR denial ?





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  • dpp
    06-20 05:42 PM
    I am confused. I have I 140 approval copy but it does not have A# in it. I know lots of people who have approved I 140 and they have A# in it. Please let me know what should I do in this case?

    Just leave it blank. But my approval has it and so i am using it.



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  • indyanguy
    10-22 11:43 AM
    My Labour was For EB-3 and my I-140 was filled in EB2
    One of my Colleague also had same case but he got query on his
    I-140 and mine got denied

    I have a question
    Now I will have to file new labour and I-140 can
    Will I loose my old priority dates

    How can the labor be filed under EB3 and the 140 under EB2? Is this possible only if Labor mentioned BS + 5 (or MS) as the requirement even though it was filed under EB3?

    Anyone care to throw some light on this?





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  • sanjay
    08-20 09:07 AM
    My 140 was approved in 2007 and today I got a text message on phone that my application is sent to Nebraska, NE to review and status changed from Approved to Initial review.

    Had any one been in same situation or had seen this before with some one else?



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  • Circus123
    03-14 08:39 PM
    Hey check this prediction out.

    http://immigration-information.com/forums/showthread.php?t=4541

    I think it is like a orchard of mangoes miles long. The riped mangoes are plucked and the farmer moves on to the next tree. He has to walk up and down the whole stretch every month in the second week to determine what's ripe and what's not. He then comes back with his helpers with baskets . There might be some accidental drops of ripe mangoes which get lost for a while :) Just my analogy of EB immigration .

    Correct me if I am wrong...





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  • shana04
    05-18 05:41 PM
    did you receive one rfe for both cases or one each for each case?

    two seperate RFE one for each



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  • akred
    06-23 01:38 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 :-)

    Yeah, its not worth the risk. Just curious about how this timeline works though.





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  • pappu
    07-01 11:25 PM
    You need not worry about maintaining your H1B status in order to file for 485. Your 140 is already approved so when your date arrives to file for 485 you can file for it from Canada. You can come and work again based on your 485. You may go for councellor processing for your GC and get it outside the country. Councellor processing might even be faster than waiting inside US at 485 stage for long times until one finally get actual GC in hand.

    I commend your planning and applying for Canadian PR in time as plan B.



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  • gc@waiting
    09-30 07:01 PM
    Thanks very much dingudi.

    BUT does anyone know as to what are the options if the 140 is still pending and the applicant is laid off after 6 months of 140/485 pending?





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  • caforum2
    06-19 07:32 AM
    EAD has nothing to do with status. He is in legal status as long as his I-485 is filed and waiting to be decided by USCIS, even if his non immigrant visa expired. EAD is work permit and he can't work based on EAD filing but only on approved ead.





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  • santb1975
    08-02 03:01 PM
    I can see a Strong and Active Tennessee Chapter getting built over the next one Year. How can I say that...Well, I have been witnessing all the good work you have been doing from when I became a member of IV

    Thanks Santb1975. Sanju, that's a dangerous proposition... I might kiss you back :).

    Mahatma, welcome aboard. First step is joining the Yahoo group. I look forward to working with you and other IV members from Tennessee.

    Disagreements are the essence of Democracy. I don't mind disagreements. My intention is not to setup an organization with autocratic leadership, but a forum open for discussion and new ideas. We do have to respect the bye-laws of the IV organization and maintain forum etiquette. Other than that I have no issues with anyone disagreeing with me or pointing out where I went wrong. I appreciate such constructive criticism which is accompanied by participation.





    jyothu
    07-18 04:19 AM
    The only way he can get more H1B is by staying out for 1 year, especially since he is already in India. In order to take advantage of the 485 filing, he MUST be on a legal status in the U.S. His legal status does include being your dependent, i.e L2 or H4 (if you are on H1B). Basically, in order to do that, he has less than a month to obtain a dependent visa and move to the U.S. This would mean that he would have to trade the possibility of getting an H1 with that of receiving an EAD in a few months.
    Also note that the H1 visa quota is full for 2007 and 20008 as of now. So, it is not a guarantee that he can get an H1 visa even for next year. Perhaps he could fly here on a dependent visa, not work for a few months until he gets an EAD and then resume his career in the U.S.
    In any case, I would strongly urge you to consult an attorney immediately.





    rc0878
    10-25 08:40 AM
    Quizzer,

    This is a great idea. My EB3 pending for almost a year now at NSC and cases at TSC are being cleared well with in the 6 month timeframe.

    I really wish IV could take this as a top priority issue.

    Lets have other members support us in this.

    RC



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