Saturday, June 25, 2011

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  • augustus
    04-22 10:31 AM
    My lawyer got the RFE notice yesterday....

    USCIS requesting the following...
    1. Dated letter from employer detailing job duties and position
    2. Your proffered position if different from current one
    3. Date I began employment and current salary
    4. Letter must be signed by executive officer of the company
    5. Letter must clearly state whether the terms and conditions of employment based visa (or labor certification) continue to exist

    They are requesting too many things at this point and it seems like the requests are different from other RFE's received by IV members. This is concerning me a lot. Can expert IV members give me any guidance? Have you received such an RFE, what does this mean? Any advice is very much appreciated.

    My LC / I-140 stated that I am an "Electrical Engineering Technician" due to PW concerns at the time of application but my H1-B application said "Applications Engineer (Chemicals Group)". But the job duties were exactly the same word for word. I'm not sure if that is causing the problem. I am being paid significantly more than the LC / 1-140 wage currently. So, lack of ability to pay is not an issue. I have also been continuously employed by the same organization. I have not sought a different employer ever since I applied for my GC.

    Please reply with your thoughts.





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  • tejonidhi
    11-27 01:54 PM
    Hello GC_Chaiye,

    Thanks for your reply. The consulting firm is saying that they have sent it to DOL before July 15 and are waiting for the reply for the Substitution( I really doubt the legality of that statement). In case if there is a provision then How can we check the status of it?

    MY friend has to bear the expenditure for the I140. He just came back to US after 5 months and would like to know weather he can spend 1500$ on this unrealistic Labor.
    thank you





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  • immi2006
    05-04 12:59 PM
    Hi,

    I spent 2 weeks just looking at all immigration.com posts and analysing the data patterns posted on the BEC, permtracker, calif 140 stage and so on... no one has published a report for a ready reckoner. I wanted to see the data sample to see where we stand today on the status as a snapshot, the data could be off the mark, because there could be folks who filed multiple LCs, and not withdrawn when one of them is approved !..or there could be employers who may have filed Eb2 and Eb3 for same person, cannot gurantee... so, the data is based on all postings of immigration.com, I would encourage u to read some of the posts to get a first hand feeling of the trends.





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  • dixie
    08-21 08:49 PM
    1. To be fair to all, Ask all h1b's to gain 2 - 3 years of US experience, before filing for GC. (2 years of Paystub at the minumum and or tax returns).



    What sort of "fairness" do you hope to achieve by delaying new GC applicants ? Given the current pace of visa number availability, it is going to be 2015 or so before a 2006 PD for EB-3 becomes current and USCIS gets to it. Does that not already take care of "fairness" with respect to older applicants ?

    For a new GC applicant who is looking at another 8-9 years wait to file 485 (I am one of them and there are plenty on this forum) it is more important than ever to lock a PD asap. Even assuming it is in larger interest of all of us, how will you educate an average lawmaker of all these intricacies ? We are having a tough time as it is distinguishing ourselves from the illegals.



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  • on_h1b_since_1998
    02-08 12:51 PM
    I am new member to this forum. My friend referred me here.

    I have a very unique case scenario and need help if anyone is aware of this.

    Background :
    I worked for company X which went bankrupt and was absorbed by company Y. 3 months after I started
    working for Y I got I-140 approved from company X(not sure how but got it).I had filed for I-140 abt.
    2 months before I joined Y(then still an employee of X) and had opted for CP and not AOS(had
    the option of concurrent filing but did not use which i regret till date). Since the X case was of
    no use now I filed a fresh LC from Y and am still waiting for notification from BPC for recruitment(TR case).
    I am planning to use the PD from earlier approved I-140 which is sept. 1999 when my LC gets approved.

    Issue :
    Last week I received a mail from NVC which was forwarded to me by the previous employers attorney.
    The letter's main content says
    "THIS LETTER SHALL SERVE AS YOUR NOTIFICATION THAT A VISA NUMBER IS CURRENTLY AVAILABLE.
    FAILURE TO PURSUE YOUR VISA APPLICATION BY COMPLYING WITH THE INSTRUCTIONS BELOW WILL COMMENCE
    PROCEEDINGS TO TERMINATE YOUR IMMIGRANT VISA REGISTRATION ONE YEAR FROM THE DATE OF THIS LETTER".
    It mentions "Section 203(g) of the Immigration and Nationality Act requires the Secretary of State
    to terminate the registration of any alien who fails to apply for an immigrant visa within one year
    following notification of the availability of a visa number".
    Letter is Dated Dec. 3 2006.

    Question :
    I want to know if this will in anyway prevent me from using my old case PD with my current case?
    My interpretation of this is that only the registration with NVC gets cancelled but the
    underlying LC and I-140 approved are not affected and I can still use the old PD on my
    current case. Pls. help.





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  • gc_75
    07-17 07:45 PM
    I think if they did not get the interview already, they will need to wait until the dates become current again. If they have interview scheduled in July, they can go a head and attend the interview and get the GC.

    While today's development is great news for folks in the 485/AOS cue, what happens with people in CP? With the opening of the floodgates, I am unsure when visas will be available to CP cases who were scheduled for interviews in Aug and beyond. I am a great supporter of today's victory, but I am unsure where CP cases stand now? Another 4 year wait?



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  • Sp�rL
    05-10 08:55 AM
    Yes i have Microsft Visual Studios C++ 2005 (i think its called that)
    but i dont have any of the help files :( lol

    but ill give looking at the coding of a precoded Win32 app a go.
    otherwise more hard work to find things out. :(

    peace out.





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  • kumar07
    09-13 11:10 AM
    Somebody please give me suggestions?



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  • chanduv23
    07-27 09:51 AM
    I searched for my IV handle, and all my messages showed up. Impressive





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  • gk_2000
    10-20 10:13 PM
    he is leading his dem candidate by 30 points in one poll

    Hey bhagwan, is budde ko dharthi se tu utha le..

    (Oh almighty, summon this old man away from us)



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  • pal351
    11-22 09:16 PM
    Fee : $305.00

    Applied on line, printed the form.

    Attached the following and sent them to USCIS
    1) 485 - copy.
    2) Old APs 2 - Copies.
    3) Cover letter explaining that I need to visit my parents as they are old.
    4) DL - Copy.
    5) Photos : 2 (write A# and name back of them) (I forgot to send the photos with the application)

    I forgot to attach the photos and got RFE, sent photos and approved yesterday. Waiting for the physical copy.



    Thank You.





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  • deba
    07-18 12:42 PM
    You are deemed to have lost Canadian PR if you have not fulfilled the 2 out of 5 years residency requirement. The issue may not affect you immediately, but will come up in case you decide to renew your PR card after 5 years. You will be asked to detail your Canadian residency for the past 5 years in your application. Note that this is only a requirement for the plastic card, not the landing paper: which is the proof of granting of PR. The plastic card is required for any travel back to Canada except for road travel from the US. Once your 5 year validity for the PR card has expired, it is upto the border official on the Canadian side to decide whether to let you in without a valid PR card. However, with a US GC you do not need any visa/permit to visit Canada and can safely let your residency requirement lapse automatically if you have not met the 2/5 Canadian residency requirement.



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  • RayP
    12-10 04:44 AM
    Friends... does anybody have some idea.





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  • naturopathicpt
    06-26 05:32 PM
    I appreciate your reply but I cannot understand what you mean on your first response Atty. Prashanthi. Some of my questions on my first statement have not been answered.



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  • sanojkumar
    08-21 11:42 AM
    Now I need one help. I have moved to Chicago area freom Michigan. We had filed from Michigan. So to change address to get FP notice in Chicago area what all I need to do? I had no Alien number on my I140. Please advice. I am looking at LIN number on the back of the checks. But for my wife she has different LIN number on three checks for I-765, I-485 & FP. Which one will be valid. Can I get any handle from these numbers to make a call to USCIS and request them to change my address online? What is the number for USCIS to call?





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  • joshraj
    10-11 10:26 AM
    Hi Friends,

    We had sent our apps to Nebraska on July 26 but we received a transfer notice for 485 from vermont with a receipt date of Sept 26 and notice date of Oct 3.

    I always thought the receipt date of my application is the day when our application reached the center.

    Can someone help explaining this....

    Thanks,



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  • vipatel3
    10-17 03:56 PM
    Hello Friends,

    I have not received my 485 and 140 , filing receipts . The documenst were mailed on 30 july to Texas Center. Anyone have any idea which the best way to get information on waiting time.





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  • meridiani.planum
    11-25 10:20 AM
    I would suggest just sending the G-28 forms with the new attorney information. Once this is submitted, call USCIS customer service a week or two later to confirm that the correct attorney information is on file. Later, if you wish, you can send the AC21 documentation. As always, any documents to USCIS should be sent by certified mail or something similar to show the proof if you need it later.

    As far as I know G-28 won't trigger an RFE but don't know about AC-21 documents. If you search the forums, you will find that almost always the AC-21 papers don't reach your file.

    I second this advise. Just send the G28 and confirm in a couple of weeks to see if the attorney address has been updated.

    on a related note for other AC-21 filers: see if you can hang on to your older attorney. You might be able to retain them independent of your old employer (by paying fees on your own). Keeps the USCIS file clean, and also you stick with someone who presumably knows your case a bit better having worked on it from the start.





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  • little_willy
    09-14 03:41 PM
    Just heard the ad on this radio. concise and to the point, I would have preferred a more serious voice though.

    Great work IV!





    dilbert_cal
    04-06 02:03 AM
    Thanks for a very good analysis. I was hoping someone will do it and my heartfelt gratitude to you for stepping up.





    vgayalu
    01-24 11:33 AM
    Please do not raise old hot topics.
    The confusion created is enough. Do not confuse more and more.
    Let IV work on one issue which ever is under consideration.

    We need not to scare any body by mentioning H4 and nonsense.

    Let everybody get some drink first. Then everyone wait for solid stuff.





    [QUOTE=dionysus]My view is that IV must reassess and realign its goals. The goal of I-485 filing without a current PD is too ambitious to start with. Remember, I-485 is the most time-consuming and lengthy stage of a GC, what with security and background checks, tax records checks, prior legal stays in US and medical tests to name just a few. CIS is swamped with many I-485 applications as it is. If it opens the flood gates for 485 filing, its system will simply collapse under the stampede of estimated 1 million GC seekers. There is no chance in hell that CIS will throw open the gates of I-485 filing for all and sundry.



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