Tuesday, June 14, 2011

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  • inskrish
    09-01 02:14 AM
    Thanks man. I see that there is a different thread going on RFEs on I-485.

    Great! Thanks. I hope your case gets cleared as soon as possible.





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  • PD_Dec2002
    08-27 04:58 PM
    this is a EB3 care and i'm the primary applicant not my spouse

    In that case, your divorce should not affect your I-485. You only need to make sure that you (or your lawyer) withdraw the I-485/EAD/AP for your wife.

    Thanks,
    Jayant





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  • va_dude
    12-11 03:39 PM
    i guess you could travel when an EAD/AP is pending, not sure.

    But i don't think there's any way for you to get back into the country unless you have:-
    1. h1/h4 visa stamped, or
    2. approved AP (with the validity period of AP covering your return date)





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  • snathan
    07-10 12:46 PM
    I think, you can still work on H1 even though your current extension is pending

    Do you understand the question first...



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  • ajay
    01-26 12:17 PM
    I am in the same boat and need to get my address updated. So what I understand from above posts is that there is no need to do paper based AR11 and can just do it online for I-485, EAD as well as AP, right?? Once done, just keep printouts for records , thats it???

    Can someone please confirm.

    YOu can do everything online.





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  • abheja
    12-21 07:25 PM
    Wrong. The DS-160 is just part of the process. Consulates all over the world cannot issue visa until they can verify through PIMS. I was asked a lot of questions in the interview because my name did not appear in PIMS. At the end, the consulate said, I qualify for the VISA but their hands are tied. Consulates have no control over PIMS and according to the consulate, they send an inquiry to KCC and have to wait for them to update.

    My interview was in June so I don't know if things have changed since but please consult your attorney.



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  • starscream
    04-21 06:28 PM
    Sid,

    I am sorry to hear about this.
    - What was the RFE about?
    - Are you employed by a consultant or employed full-time at a company's location?
    - Did your employer have any profit isseus / layoffs reecently?
    - Is your employer TARP funded?
    - Do you have your EAD?

    I think you might be able to appeal and file from a new sponsor at the same time because I have heard that a individual can have more than 2 H1Bs at a time. But please confirm with a lawyer. Wish you all the best.





    Hi Everybody

    My H1 extension was denied after an RFE. They have given the reason that documents submitted by my company do not confirm that my occupation is a specialty occupation and that they had enough work for me for the next 3 years. They have given me 30 days to file an appeal

    My company said there are 2 options

    1) file an appeal. they are pretty confident that the appeal will be in my favor

    2) have another company file a new h1.

    what do you guys suggest? Can i do both simultaneously?

    Help will be greatly appreciated. I have never had visa issues till now.

    thanks in advance





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  • cooldudesfo
    09-11 01:46 PM
    Does your Attorney says that counter will start from Aug 28, 2007 ?

    Did he say anything about Aug 28, 2007 falling out of Aug 17, 2007 limit date for filing AOS and can that cause any issues?

    I am still waiting for an answer from my Attorney. Will post the details here as soon as I hear anything from them.



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  • cygent
    04-01 07:43 PM
    Thanks,

    Ok, let me put it this way.

    Is the any advantage (or not), filing 140 1st, and lets say your PD is already current, file AOS later. I.E. file them Separately, not in the same packet.

    So in this scenario, is the any difference vs. filing concurrently or not?





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  • axp817
    03-19 01:33 PM
    Lifelock, ~$10 a month.



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  • gc4arun
    08-23 03:09 PM
    Any specifics on the interview? Were you asked any documents to submit? Was the interview for both the applicant and the dependent?

    SoP

    Yes, I had been provided a standard list of documents to come prepared with. Some of them included:

    1. All EAD's APs's
    2. I 94
    3. Tax returns last 3 years
    4. If I have changed employers ac21, and paystubs( in my case I did, so I took copies of Ac21 EVL and recent paystubs)
    5. Passport
    6. Drivers license
    7. All H1b's
    8. Marriage certificate

    There were other items in the list, but were not relevant to my case.

    My ( and my wife's) interview happened July 30th in chicago at 8 am . I was asked to take an oath, and asked for some of the above documents one by one specially 4, and 1, 6 and 8. The IO had my complete file, and asked confirmatory questions on the information that I had provided in I485 form. It was a pleasant experience, and since my dates were not current then, he asked me to wait until it becomes current. Since I had 2 I 140's attached to my ac21 eVL , I reiterated that my case has been current in the past and I am EB2 and he was initially surprised, because he had not checked that I had a second I140, and said that he will make a special notation on my case that it was Eb2 and not Eb3 as was mentioned on the comments on the first page on the file( my gosh!!that was an eye opener inspite of my having provided all the right papers, and inspite of being together in a single file that they had right in front of me, the notation on the top still considered me as Eb3). My wife, who is a dependent on my case was asked same questions one by one. It took less than 30 minutes for both of us.

    So, I am keeping my fingers crossed for Sept..........and I would like to think of myself as preadjuciated:) I received a soft LUD the very next day with no status change.
    hope that answers all your questions





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  • saps
    01-26 12:42 PM
    Very helpful.



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  • gauravster
    05-06 12:10 PM
    While we are discussing this, I have another question. What if someone moves to a different company with similar role. I get it that the new employer will have to file for PERM and I-140, but is there something that can be done so that priority date is ported, assuming the previous I-140 has been approved when the shift happened and there is still more than 1 year left on H1B (either because < 6 years or because of 3 yr extensions after I-140 has been applied).

    Thanks,
    Gaurav





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  • gcnirvana
    04-30 12:37 PM
    I was also taken aback initially when I read this. The 8 year wait doesnt apply to title 5. Title 5 already is designed to clear the backlog of EB immigration from 6 years to 0/at best minimum since quota is increased and there are exemptions. The 8 year backlog refers to family based.

    I was shocked as well, when I read about that in the other thread. Thanks for clarifying this Pappu!



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  • wandmaker
    11-12 10:59 AM
    Is anyone in the similar situation of not receiving the receipts even after check has cashed way back.

    My checks cashed on 10/2, I was able to get the receipt numbers from back of the check. Lawyer/myself did not receive any physical notice. I opened a SR last week and waiting.... :(





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  • chanduv23
    06-30 02:18 PM
    I have heard great things about TANA. I am not a member of TANA, but would love to be one. Coordination between TANA like Organizations and IV would be a great opportunity for both Organizations as they can help each other in many ways.

    There is ATA (American Telugu Association) too and they have a convention in New Jersey this weekend.

    ATA and TANA are big orgs but most of them are ABCD and USA citizens and I aam not sure to what extent we can get help from them.

    The key to our solutions lies in us. Ours is a big community, but a very few people spend time and money and energy on working towards our goals and always want others to fix our issues



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  • WTFever
    12-02 09:31 PM
    This is not right place to give your adds.


    Admin : Please delete this thread.

    This is not an AD moron. I am not looking to hire anyone. I am asking about NON-IMMIGRANT VISA advice. Since the forum is titled Immigration Voice > Immigration Information > NON-IMMIGRANT VISAS, I don't think my post can be THAT far from the right section.





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  • simple1
    10-07 04:03 PM
    you can be legally self employed/direct-contractor/consultant (fulltime, same or similar with earnings >= the one in perm) in EAD after Ac21.

    Before jumping in, Talk to good attorney to find out the a2p and evl processes for self employed after ac21.

    http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf

    Question 8. Can an alien port to self-employment under INA �204(j)?
    Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a
    "same or similar" occupational classification as the job for which the original I-140 petition was filed.
    Second, it may be appropriate to confirm that the new employer and the job offer are legitimate
    through an RFE to the adjustment applicant for relevant information about these issues. Third, as
    with any portability case, USCIS will focus on whether the I-140 petition represented the truly
    intended employment at the time of the filing of both the I-140 and the I-485. This means that, as
    of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-
    140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended
    to undertake the employment, upon adjustment. Adjudicators should not presume absence of such
    intent and may take the I-140 and supporting documents themselves as prima facie evidence of such
    intent, but in appropriate cases additional evidence or investigation may be appropriate.





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  • rajenk
    11-18 05:51 PM
    Team, My Labor is filed under PERM was Audited and now approved.

    For, Qualification it says Bachelor + No Experience
    However, in Skills section it says 5 years of experience in Software Development (.NET).

    I got Audited and was required to provide Business Justification for 5 years experience for software developer position.

    Can this be applied in EB2?

    Thanks!

    No body answered the OP. I will try to answer it.

    I think you are risking applying for EB2. I have had a very bad experience with attorney mishaps. You will be better off applying for EB3.

    If the qualification in labor was stated as Bachelor + 5 years in all places that would get you qualify straight to EB2





    newbie2020
    09-15 03:24 PM
    Do u want to do a Conference call instead.....

    I can give my conference bridge

    Phone #: (218) 339-2626

    ID: ??????


    Can accomodate 150 ppl


    Pls note this is not a Toll free number.





    saimrathi
    07-10 03:18 PM
    So USCIS will never see the flowers becoz they are boxed.. and they will never get delivered becoz they are being routed from the airport itself. No major news media covered the few deliveries at USCIS.. What was the point of the campaign again?

    For those of you who is interested in one line Q/A

    "Is the flower campaign working? Yes"

    "Are we good enough with what we have done? Not 100%"

    What happened

    We were at the loading dock by 10 30 am ( Delivery estimate was between 11 am and 1 pm) and DHL appeared to
    have already delivered around 50 boxes once around 9 am. All the flowers we sent are boxed . The visuals will
    be boxes and not flowers in the evening when the youtube video will be uploaded. UPS delivered nex. We got the
    video of the whole delivery and so did the CNN-IBN/Voice of America folks. There were around 30 boxes or so from
    UPS. Next Fedex delivered and there were around 10-15 boxes coming out. While we were doing the recording one of the
    officers politely told us not to capture federal buildings and we told them that we were only capturing the delivery of
    flowers. After this what ever truck was coming in, they were reversing and pushing back into the dock so that the
    delivery cannot be taped. CNN-IBN reporter asked for permission to go inside the loading dock and she was promptly
    denied any permission. Then We had a down pour for almost 20-30 minutes and we had to leave the place.
    It appears that the S&H dept now knows that most of the flowers are being delivered by DHL/UPS/FEDEX, they are taking
    care of the diversion at National airport it self.

    In the future if any one wants to do a flower campaign, Please select 2 local florists
    (only two florists, in that particular city) and have people call and place orders/online. That way
    we can talk with 2 florists and track their delivery easily for picture/video. Every one who tried to call
    FTD/proflowers had alot of trouble getting any thing out of them. Actually, we cant blame them because they
    are not doing it locally,instead they are putting their orders via national carriers.

    Where do we go from here

    If people really want to go out and get the main stream media attention, DC is the perfect choice. How ever,Don't plan on a weekend. If we do it right, we could be live on TV and the whole country will ask whats going on, along with the law makers. That will offer a platform for solving the issue at its roots.If you really want to do this, Dont come up with reasons like I dont have time off for a day or I have a project due. I can understand if 1 or 2% of our active members say it, but when 98% of our active members say that I can understand what it is. May be its time we figure out whether we prefer anonymity and pontifical verbatim on the online forum to expressing our concern/disappointment openly. Do not get offended and start flaming me. Just my thoughts.



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