Tuesday, June 14, 2011

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  • vmetla
    07-30 07:48 PM
    Hi All,

    I received an RFE based on my qualification and the Job requirement qualification.

    While applying for PERM, in the ETA 9089 form, Attorney mistakenly listed as below

    1. Accepted / Required Bachelors Degree for the Posted Job:
    Computer Science, Mathematics (Instead of Mathematics, it should have been Engineering)
    2. Any Other Alternate Degree accepted:
    NO

    And in my profile, he listed the degree as ENGINEERING.

    Now during the I-140 stage, i got an RFE based on this mismatch. Here is the verbiage.

    The USCIS is requesting evidence that the beneficiary obtained a Bachelor�s Degree in Computer Science or Mathematics, OR evidence that the degree obtained was part of the Computer Science or Mathematics program/department.

    MY Attorney Suggested 2 things.

    1. Get my degree transcripts evaluated by a third party educational evaluator and equate the courses i have done (7 Computer Courses and 9 Mathematics courses) as part of Computer Science / Mathematics Degree.

    2. Get an verification letter from the University that these courses are infact related to Computer Science / Mathematics Degree.

    Please let me know if i stand any chance with these 2 options.





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  • rajeshalex
    09-19 02:14 PM
    Another thing. Since the ticket starts from India base fare will be in INR and when u buy online the credit card company converts $ into INR. Usually credit card company exchange rate is lower than the ones provided by HDFC and other banks.

    Also check for foreign transaction charges imposed by credit card companies..





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  • chanduv23
    04-18 10:55 PM
    Many of us can run into these situations since we all have a long long way to go for our GCs, it will be helpful if this great secret information can be put in here so that all of us already know what to do when we hit this issue.

    well yes and no. depends on a lot of factors. If there is nothing wrong with your case, you dont have to worry.

    Only issue is - getting a denial and applying for MOTIC means spending money and unnecessary tension and if you are out of the country when you get a denial - it gets extremely complicated.

    Once preprocessed, there is no reason for USCIS to touch the files until the dates are current so hang in there. Do not stress.

    Know what is going on and be prepared.

    Playing it safe and stressing and trying to get total control over your situation will only result in added stress and not good for health.

    I would strongly recommend that people must really come forward and lobby hard for atleast a recapture bill or any other bill. We MUST all start working extremely hard to get our issues resolved and IV is a wonderful platform.





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  • wandmaker
    11-16 11:29 AM
    Please Help since I dont know what to do as I was expecting the EAD card to start a new job.

    Wait for 30 days from the EAD mailing date and open a SR with USCIS and take infopass appointment. Discuss the issue with CSR & IO. They will tell you exactly what you need to do.



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  • boreal
    08-24 06:08 PM
    #2 sorry about the tone. It was actually a copy paste from my email to a paid attorney.

    Can you help with my queries: 1) What kind of queries can we expect from the DOL ? 2) what questions should I ask the potential employer ?
    Please dont do this to all ppl waiting in the line.
    Yeah, even if you go ahead and do it, very small chance that this would be approved because of the tougher regulations these days...





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  • bach007
    08-21 10:15 PM
    It's not cheating. The August 16 date is the Processing Up-date, not the posting date.


    Check this out on header:

    Service Center Processing Dates for Nebraska Service Center Posted August 16, 2007 ;)



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  • usr2004
    07-26 12:22 PM
    But I already filed my I-485 on July 12 th. I dont kow exact name they call for this type of I-140 filing, my attorney told me this is successor in interest.





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  • ajaykk
    08-09 10:44 AM
    FAQ #2 - clarified that forms with �Y� designation means that prior version of the form will not be rejected.

    Q29: The version date on the new I-485 form is 7/30/07 and it has an "N" designation after it, meaning that the I-485 applications arriving at the service center on or after July 30, 2007 must use the new I-485 form or it will be rejected at the mailroom. Is this really true?
    A29. No, the �N� designation on the new version was inadvertently uploaded to the USCIS website and has since been removed. The new and corrected I-485 application form that will be uploaded will have the �Y� designation which means that prior version of the form will not be rejected.

    Uff this gives me some relief. My attorney has sent my 485 documents on 07/27 and reached NE on 07/30. I'm sure she must have used the old version.



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  • ssksubash
    11-13 03:37 PM
    Thank you all for your valuable input. I have a follow up question :

    Will I be breaking any laws if I just do voluntary marketing and promotional work for my company in India.

    Here is the situation :

    My clients will be in USA and they will be paying my company in India. I will be on the board of the company , and will be doing voluntary marketing and promotional work for the company while residing in USA.

    Thank you for your time.





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  • howzatt
    04-13 01:56 PM
    I already transferred my H1 on 1st week of March within 1 day and worked on a 3-4 week project ( real Project from a good client) but now we are not been able to nail the next Project and this new company is very accurate about H1 ( they should be also ) - they will cancel my H1 after the last Pay stub.

    They are trying their best and i'm trying my best but things not working out on H1B. I definitely have way more fit Jobs on EAD and that's why I posted this in the weekend.

    If some real employer can transfer my H1 It will be quota exempt because I've I-140 approval.

    You are exempt from this year's quota even if your 140 is not approved. I was referring to your wife's H1 possibilities. I think your first priority should be get an employer who can transfer your H1. Alternately, you could request your current H1b sponsor to give you a few more weeks to sort out your situation. It sounds from your tone that F1 for your wife is the last thing you want to consider.

    The IT market is not as bad as it seems(assuming you are in this field). With so many years of experience, I would use all my contacts to find a H1B sponsor. Believe me, there are still some good consulting firms out there. Good luck!



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  • GCNaseeb
    02-06 03:40 PM
    Anything like this calls for "accommodating beneficiary" and its illegal when it comes to Immigration. Both sponsoring employer and beneficiary will be in problem. This is well discussed before and at least my Attorney did not recommend.

    Ask your company to demote you to developer position once u get ur green card. GC is for a future job position.





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  • Canadian_Dream
    07-24 04:58 PM
    I was in the same situation. My application sent on June 8, received June 11 was entered in the system in July second week while my spouse's application was entered in the system today. There seems to be some delay in processing June second week applications, this is just from my observations from various posts and following . Rest assured you will receive the receipt. I was panicked regarding my application whether it is returned or lost or denied.
    When I looked at the I-485 adjudicators manual (available at USCIS website) I found out that all applications are entered in the system even if it is routed be returned back to the applicant for whatever reason. It is simply not possible to not to have an application in the system. So I guess it is matter of time before you will get the receipt. Check with USCIS customer service reps, they are very friendly. If you don't hear anything in another day or two open a service request. This was advised to me by USCIS customer service rep. It usually take 30 days to receive a response but at least you will be assured that someone is looking at it. NSC has issued a notice saying all the applications will be receipted by Aug 01, so wait till then and if you don't hear from them refile the whole thing again as a last resort.

    Hope this helps. Good Luck !!!


    Hi ,

    Our attorney mailed our applications to NSC on 7thJune and thru USPS tracking number, we know it has reached NSC on11th June early morning. Have called NSC 5 times in last 3weeks, but every time, I am told our data is not in the system.... Our attorney is asking us to hold on for some more time, till he hears from his bank if the checks have been encashed??? But till now, no news...

    Kindly let us know, if anybody who have filed at same time and have not yet received any update???

    Thanks in advance!!!!



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  • jung.lee
    03-03 02:30 PM
    I left the job last month as I was getting better opportunity. I gave notice period to my employer and he was being cool at that time but then I did not get salary credited in my account for last month when I called my employer and inquired about that, he said he has some dues invoices to client and can not pay until he gets money from client. Can you please suggest me what should I do in this case? My employer said it will take 3-4 months to get those invoices clear.

    Please see I am on H1B and never been on bench or out of status.

    Get a labor attorney, send a letter of claim to the employer, and request action within 30 days. If no response and amount is under $5000 then go to small claims court, otherwise file a grievance with your state's labor department.





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  • xbohdpukc
    02-26 08:26 PM
    Can someone please explain, even just in broad strokes, how the Immigration Reform (if passed) would affect someone in EB3 - ROW?

    Thanks

    No bill text was published yet, so there would be no answer to your questions till then



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  • GCaspirations
    10-10 07:44 PM
    did anyone get FP notice?

    Please update if any of the transferred cases have received the FP notice.





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  • kukitron
    10-03 03:10 PM
    Hello,

    My wife is applying for a good job at the European Union, and I do not see why can't she get accepted. We've been stuck in this mess for a while and I am getting tired of irrespectful treatment when entering the country, even when you are here legally, limited career, etc,etc

    We can legally work in Europe, but how is the market in Belgium for an electrical engineer (firmware, hardware, project manager exp)?

    Anybody have any experience or know something about it? salaries, cost of live, etc

    Regards



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  • Pagal
    11-21 04:42 AM
    Hello,

    If you want to go through the process for UK visa, then it is much better to get the 10 year multi entry visa ... it costs you bit more, but then you don't have to worry about transit visa anymore (esp when BA, Virgin, Jet and Kingfisher offer good deals)...

    The 10 yr visa takes 2 weeks flat...





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  • India_USA
    10-20 09:44 AM
    Is this from NSC or TSC? Also, did your attorney include your diploma with your B.Sc to equivate it to a 4 year degree at any point during the filing of the I-140?

    If your diploma is accredited with a recognized university - you should be fine.





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  • jcrajput
    10-16 04:20 PM
    Thanks so much for your reply. I think it will always a good idea to keep USCIS inform about your working condition since this is 'Employment based' case.
    For AC21 I think I will need to match following:

    1. New employment letter which should describe duties which 'must' be same or similar to what was mentioned in my labor certificate.

    2. Start date/salary/position title

    3. Any Benefits if provided.

    Do I need any document from sposerer employer? Do I need anything else?
    Thank you and I appriciate your help.





    rkdownload
    08-17 12:28 AM
    Marriege Certificate

    We got a rejection notice for my wife's 485 & 765 application. The notice said

    ============
    "Based on the information you provided, your priority date could not be established. Please resubmit you application with the proper documentation to the address listed on the bottom of this notice
    The following documents may be provided:
    Your original Form I-130(petition for alien relative) if you are filing concurrently ; or
    Your original Form I-360 if you are filing concurrently; or
    A copy of your Form I-797 if the petition has already beed filed/approved; or
    Other evidence that an immigration visa petition has been filed/approved on your behalf.
    ==============

    My PD is Mar 2005, EB2 and my 485 is pending since aug 2007.
    We have included following documentation in the package

    1) Forms 485 ,765 , G 325 A
    2) passport copy
    3) Birth certificate and affidavits
    4) My 485 receipt notice
    5) My I 140 approval
    6) Letter from the employer saying that i am still employed with them
    7) Pay stubs

    Does anyone know what have we missed? I dont think I -130 and I -360 are relevant for this category.





    brij523
    03-01 07:32 AM
    Hi All,

    After so much meeting reminder we had encouraging crowd of two people who participated for the meeting. The decision of the meeting was - we will continue with our foolishness of raising the awareness of Senator and Congressmember, call immigration reporter to cover our story.
    I still believe and hope some people may join to help themself. Let me be very frank - I or significant others are in this effort as long as our purpose are not met. After that I will probably say good bye and let next generation take the lead.

    Please join to help yourself before it is toooo late. There is no doubt that most of us will be in a situation where you lost job, your wife leaves you because she can't work!!, you have emergency in family but you can't go, you have job but can't process your H1B. You want to do something but you know you did not act when time was ripe. Repenting at that time will not fetch you anything and no one will be around you. Today you may find some companionship.

    Please come forward. CIR is something which will help you not hurt you. If you want to do things in background that is also fine. You can contact reporter, Senator office and Congress representative office. Once you have a positive lead, let IV take care from there.

    Time is NOW or NEVER. CIR Iron rod is getting heated now. Strike it within one month, while it is hot, to give the shape you want to give otherwise it will be cold and you can not do anything but weap and crib.



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