Sunday, June 12, 2011

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  • usgc07
    02-15 09:23 AM
    Hi,
    My friend got GC when he was single. Later he got married . So spouse is still in India . She has not received GC. She has no visa to visit him.
    That is the reason H1B option is being explored. She has the right qualifications and relevant experience. US Corporation is willing to sponser her H1B petition.

    Since her husband is already in USA and green card holder, visa officer might reject her H1B petition stating that she is an intended immigrant.

    or
    he might issue the H1B visa because it is a dual intent visa.

    So what's the chances of her getting the H1B visa.

    Thanks




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  • austingc
    07-30 11:37 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.
    I guess both options are good but I would suggest option 1. Btw you should kick you lawyer's a** so hard so that he would not make this mistake again in his life. Sorry for my language. Why do these lawyers screw up our lives? I have had enough with these so called idiots who cannot do a simple job without making any mistakes. My lawyer screwed up my life with just a single mistake and I have been suffering for the past 5 years now, otherwise I would have got my GC in 2005.
    Anyways, dont worry you should be just fine. Please contact Murthy or some other good laywers to work on your RFE and do not go with your current lawyer please.




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  • raydon
    10-12 10:30 AM
    According to one website http://www.immigration-law.com the USCIS is working on trying to streamline processing I-140 petitions to four months by April 2009. I quote the following from the website
    --------------------------------------------------------
    10/08/2008: I-140 Processing in Four Months by April 2009?

    * This is a five-month old information which has just been released. This source of information indicates that the USCIS was hiring and training new employees and by April 2009, I-140 petitions might be processed in four months. It is a good news in a way.
    --------------------------------------------------------

    Going by the previous track record of the USCIS though, I do have reasons to be skeptical about that. We will find out in April eventually, unless our invididual petitions get approved before that. The only issue is that in the interim we still have the threat to jobs in this bad economy. The other concern of mine is that older petitions might get dumped into another Backlog Elimination Center and they only work efficiently on newer I-140 petitions. That solution would be hell for people with older I-140 applications




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  • unseenguy
    11-30 10:36 PM
    Thanks for the comment!

    I've done the entire process on my own untill today. I also did not have any lawyers involved in any of the misdemeanors. I do have documentation of all the cases. All cases are closed and I'm just paying the fines and have to put up with the probation. I spoke to a lawyer (first time I met with him) today and he advise me to pay him $600 to accompany me to the interview.

    Any take on the lawyer's advice? Or can I take the challenge on my own?

    Better to take a lawyer with you. He knows immigration law better than you do. At the most you stand to lose 600 bucks that way.



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  • HumHongeKamiyab
    12-17 08:29 AM
    If I cant find any (recommended lawyer) within Houston, I will go to him. But does he practice employment law? His website says " The practice is focused exclusively on immigration and naturalization law". I am looking for a lawyer to discus my non-compete clause.

    Appreciate your response. Thank you so much.

    He is based in Dallas,TX. he provided excellant service to me in my tough journey.
    www.naidoolaw.com




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  • smgms
    07-01 10:21 AM
    First of all thank you for your reply. Here is what happened with my case.

    1. Two weeks back got FP notice for my wife. FP is scheduled for next week.
    2. This week I received an RFE email for my case, still waiting for the actual Mail.
    3. Next day received the email "Document Sent to Applicant" for my wife's case.

    I used AC21 to change the employers. Can you guys let me know.

    1. where the RFE mail will be sent, old lawyer, new lawyer or to me?
    2. What do they mean by "document sent to applicant", which document are they talking about?

    Thanks in advance for your help!!



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  • trueguy
    09-19 07:13 PM
    US Govt don't have to worry about it because we don't qualify for UnEmployment Benefits anyways.

    Now thats a different story that we pay unemployment and SS taxes but we don't get any benefits out of it.....:(




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  • panvel123
    09-26 05:11 PM
    I sent a single check for me and my wife and there are 6 lin numbers on my scanned encashed cheque



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  • gccovet
    06-29 02:45 AM
    For folks who are past the 180 day period:-

    When negotiating a new job offer, what does one have verify with HR of the new company specifically with regard to AC 21 portability? :confused:

    Most recruiters / HR folks know nothing about AC21 etc. (Most when they hear green card, say per company policy, they will start haver 1 yr!).

    Should one ever bother about confusing the new employer about AC21? (Assume that Job titiles and descriptions are practically the same. Nothing drastically different. And taking the new job on H1b transfer. i.e. not on EAD).

    (PS: I am not taking from the context of desi consulting firms where it might be easier to get any letter with exact same job description etc.).

    I would just check if HR would be willing to provide a letter addressed to USCIS on their letterhead stating about new job title and job duties. Even if you send the letter right after joining or when you (might) get a RFE.

    GCCovet




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  • dexter
    12-16 01:37 PM
    Hi All,

    My perm application was denied and the resson for denial is -
    "The newspaper used by the employer to advertise the job opportunity per the mandatory recruitment step provisions is not a newspaper of general circulation in the area of intended employment which has a Sunday circulation"

    Once we received the denial, the attorney found out that he made a mistake in the perm application and the news paper mentioned in the perm application was not the news paper in which the advertisement was placed. Now they are filing an appeal to reverse the certifying officers decision. Also the news paper mentioned the perm application is a valid news paper for the area of intended employment. The attorney is submitting evidence to the same.

    As I am in the 6th year of my H1b, what are my options? I was out of the country for 88 days in the last 5 years and can use it for H1B recapture.

    Would it make sense for me to ask my employer to file for a new perm application or should I wait for the appeal's decision.

    Thank you your help.



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  • jsb
    10-30 12:13 PM
    ^^^^^^bump^^^^^

    Can anybody tell what does ^^^^bump^^^^ mean. Is it that the message is deleted by someone, or moved elsehwhere?




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  • ivorycard
    02-06 02:28 PM
    I will be promoted shortly as a Manager. My GC was applied as Programmer Analyst for the same company. When contacted the company attorney informed that it is not a problem, since 6 Months has been completed.



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  • pbojja
    11-19 09:53 AM
    I guess you already know but can't help to remind this :
    USPS has a system of mail-forwarding. After leaving your old-address, if you notify USPS, USPS will continue to forward all your first class mails to your new address specified by you. You can do it Online @ usps.com... I guess they charge $1 for verifying your address from the CC address, if you do it online(which I did).

    So, NO, your mails will not be lost!

    I think USPS does not forward mails when the mail says "return service requested" .




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  • GKBest
    10-31 02:19 PM
    I will take an Infopass. Did you get a new Card or they just corrected in their system?

    Will update you once I get there. I just took my lawyer's advise.



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  • krishnam70
    07-05 11:45 AM
    Not a word said about this I485 fiasco on the two mostly watched networks (CNN, ABC). Why can't we try to get their attention in this matter. Please suggest ways of getting this published in the above networks.

    I sent emails to CNN, ABC. NBC, FOX and know of atleast 2 more people who have done so. They are busy covering what Paris did in jail and why bush let libby out ..




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  • eb2dec2005
    10-16 02:20 PM
    Well, iam in the same dilemma. I was out of country for 3 months since March and out of job since then.I recently took up a permanent position.I did not inform my employer about it.The new employer is willing to give the offer letter which is needed for invoking AC21. I do have a copy of the approved
    I140.I don't have any contact with my employer except for using the COBRA option of health coverage.So at this point iam not even sure if my approved I140 has been withdrawn or not.

    Is it a good idea at this point to invoke AC21 ?

    Please pass your valuable suggestions.



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  • GCMATRIX
    08-22 09:10 PM
    Got approval emails on August 14th, received approval notice by mail on August 20th, and finally got the physical green cards by mail today.:)

    Please can you tell me which service centre i yours . I also got CPO mail on 08/14 and 08/15 and on 08/19/ I-485 approval sent by mail and soft lud on 08/20 ,but no physical card




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  • aj_jadeja
    09-21 12:02 AM
    Interesting..If I visit VFS in person when I'm in Chennai, How soon will I get the appointment. My visa expires in Feb'07 and I'm going to Chennai for 3 weeks in Nov. So If I don't get appt I can always try for the next trip..


    As said they have seprate quota for 'Returning workers' . I have used it. I went to VFS on 23rd nov 2005 and got appt for 30th Nov 2005.

    Hope this helps ,

    aj




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  • caforum2
    08-24 02:04 PM
    Name: Ravi
    City/Area: Chicago, IL

    Question:
    I filed my i 140 and i 485 on Dec 23rd 2003 under EB3 category. I think my labor was filed under EB3 category. My Priority date is Mid August 2003. After 180 days of filing (around Nov 2004) I left my sponsoring company and joined another company with similar Job responsibility (to avail AC21), But didn't get my H1b transferred to new company. My new job require Master degree and 5 years of experience. I have acquired my master degree before joining my new company. I got married recently and Ofcourse I can't file for my wife's i 485 since I am from India and visa numbers are not available.

    Can I get my H1Bvisa transferred to new employer if he is willing to sponsor?

    Can I file another i 485 under EB2 as my new job requires Master degree?




    gc_kaavaali
    06-03 03:46 PM
    please help




    ecruiser
    08-30 11:40 AM
    Totally agree with boreal. Also, the category that you qualify for depends upon the requirements of the job and not your qualifications. For example if the minimum requirements of the job is BS with little or no experience, you would be in an EB3 category, irrespective of whether you have a MS or a PhD.


    When you are applying for the PERM, who decides the requirements? Your employer who sponsors you, or the job itself?

    Be wise. When we talk about whether we use MS+2 or BS+5, it doesn't mean we tailor the requirements. It's the issue of which is more important, the academic studies or the working experience.



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