Wednesday, June 15, 2011

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  • h1techSlave
    10-05 11:15 AM
    Any body can ask for documents. But if you ask as part of a law suit, they will have to give it to you. Otherwise, they can just say some nice words and that will be the end of it.

    This is what happened to the China-man. They filed a law suit, so DOS/USCIS gave them the information. But DOS/USCIS now hates the China-man.

    IV is being very nice to DOS/USCIS. So DOS/USCIS is also very nice to IV.

    If you file a lawsuit you can ask for documents.





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  • gc_rip
    06-18 12:48 PM
    Hi Gurus,

    Please comment on my situation.

    My current job, 140 is approved, and employer ready to file 485. But there is also a risk of layoff in coming 2 months. Employer won't revoke I-140, if he had to let me go.

    I have another employer interested and has filed H1 transfer. I am in the 7th year of H1.

    If I let current employer file I-485, and also get EAD/AP. Then if laid off after 2 months, and new employer ready to wait for 2 months from now, understanding the situation.

    1. Can I join the new employer on H1, after 2 months. Will can cancel my I-485 processing automatically, even though the employer did not revoke the I-140?

    2. Should I join the new employer on EAD, which will be approved for 1 year by then? Will there be risk of violation of AC21, and 485 or EAD renewal being rejected at later stage? And what would be a fall-back strategy in such case?

    3. Just join the new employer, as it will be stable job. and not worry about the 485 date. It will be current again next year.

    4. Is there any information, how the AC-21 works? Is it automatic, or do I need to file for some documents when I switch jobs. That would prevent me from taking any job before 6 months. But I may be laid off in 2 months.

    Thanks in advance!





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  • Siddharta
    01-11 09:11 PM
    I dont think u'd be barred from entering that country again on a tourist visa but another PR? For sure u can forget that.

    Why is that? What if I have a job offer from a canadian company and they sponsor me?





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  • geevikram
    09-13 10:33 AM
    You probably know the answer already, but still...

    NADA



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  • nocomment
    09-21 08:14 PM
    GC wont put you in any better position. You are basically hiding, the day the interpol comes after you, they dont care you have a GC you will be arrested and deported.They can have your address and knock on your door anytime.

    You might get away with everything and get a green card. I hope you did not do anything wrong.

    All the best





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  • arc
    10-04 04:29 PM
    As this poll is specifically for the cases transferred from NSC -- CSC --- NSC, can you add more options, like the receipt notices generated between Aug 25 to Sept 10, Sept 11 to Sept 25 and Sept 25 to current.
    There would be lot of people in these three categories.
    Very much intrested in knowing status of all the cases that have transferred from NSC to CSC and back to NSC.

    I tried cannot update the poll, but if AUG guys get it then Sep guys will get it as well...



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  • EB3June03
    06-12 04:21 PM
    This is my first post, so bear with me.

    I also got a Status Update message via email from USCIS. I think the lawyer will be getting the papers in mail next week.

    Seems like USCIS has started sending RFE for a lot of us, who have been waiting for a long time. What might be the reason for this. I heard from some of my friends that they are pre-adjucating the cases so that when the visa dates are available, they can process faster, but I also wonder if they are doing it so that they can drop some cases who do NOT reply to their RFE (similar to what happenned with Backlog Elimination Center and 45 day letters).





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  • lostinbeta
    10-21 04:20 AM
    I guess the team that is on the ball that night is the one that deserves to win :)


    Alright.... 4:20am here.... I should probably at least try and get some sleep or something.

    Goodnight:)



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  • h1bjava
    03-20 02:08 PM
    Hi Coolpal,

    Did they ask you for the client letter also in your case? In my case the end client(TARP Funded) wont give any letter to contractors. Hope things will be better for you soon.

    Thanks.





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  • crystal
    07-11 12:07 PM
    ^^^^



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  • kmkk2006
    04-09 11:08 PM
    Hi

    There is no approval notice for PERM labor. USCIS puts the approval number and date on the application itself which contains the job duties. I hope this helps.

    Thanks.





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  • nortam1
    05-05 08:19 PM
    I am almost 100% sure that if you applied before your F1 status expired you will be fine (as long as you didn't work).



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  • ivar
    10-05 02:33 PM
    Your ID is offensive, TelanganaINDIA

    It is typical of some Indians who only care and mix with their own state. (Begalis, Andhra, Marathi to name a few). India is declining due to such people who do not believe in being an Indian.

    Stop generalizing and don't hijack the thread. If you have nothing to contribute to this thread keep away and take your frustration some where else.





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  • cooldude0807
    12-13 11:13 AM
    This thread does not need to be on top!!. Let the funding drive be on top!!!



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  • meridiani.planum
    11-04 02:41 AM
    inline...

    I thought "we are getting married soon" is implied in my post. Anyways to be more clear ..we are getting married next month i.e. December. I have recently got i 140 cleared . Next month i will have my marriage done and marriage certificate ready. Her country of birth is different that of mine i.e. not India and is current for EB-2. Could you please help me with these doubts.

    1.) I have a masters degree from USA and my employer is willing to file under EB-2. my wife is bachelors. Can i apply in EB-2 for both of us and charge it to her quota since it is current for her country.

    yes. Since your job profile seems to meet EB2 requirements and you qualify, you can file under EB2. She will be a dependent in this case, her qualifications dont really matter, the petition is based on your job and qualifications.

    2.)Would she need to be physically here in USA for filing i 485.

    for filing an adjustment of status, which is what you typically want, yes.

    3.) one of my acquaintance was telling me that the GC we get using cross chargeability is a conditonal one and not like regular GC. Is this true.?

    no. a GC through marriage is conditional, yours is through employment, so its not.

    4.)Is cross chargeability always possible or does it depend on the will and mercy of uscis.

    always possible, its the law, its not upto the discretion of the USCIS

    5.) Is it true that we might have to go through rigorous and sometimes humiliating interview processes to finally get the GC.

    no. Yours is an EB(employment based) case, you are confusing this with getting a GC through marriage to a US citizen. In that scenario people face a rigorous and indeed sometimes humiliating experience simply because USCIS does not know whether you are marrying only for the GC. (Mail-order bride - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Mail-order_bride))

    6.)Does she also have to do MS to use cross chargeability and file in EB-2

    Nope, her qualifications dont matter. Think if this as a team effort: your qualifications take care of the EB2 part of things and her country of birth defines the priority date





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  • little_willy
    09-27 01:24 PM
    The priority dates cannot be ported during the I-140 stage. This can be done only during 485 filing where in you have two I-140s approved and a request can be made to use the earlier priority date.



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  • Kumbakonam
    11-09 09:11 PM
    Hello,

    My case is EB2. I have a B.Sc Physics degree + 1 Year PGDCA + 19 years of experience in software development field. USCIS issued an RFE on my case, requesting the transcript of my degree. Before my lawyer responded to the RFE, surprisingly, my I-140 was approved. I wish the same happens in your case, too.





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  • geevikram
    09-13 10:33 AM
    You probably know the answer already, but still...

    NADA





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  • GCBy3000
    07-26 12:18 PM
    Only talk and no action. I thought lots of immigrants and IV members are there in TEXAS. Where are those guys?





    willigetagc
    07-17 09:29 AM
    Not entirely accurate. H visas have dual intent. You can tell them you will go on H1 and eventually get a GC and citizenship and the consulate cant do a thing. But if you are going for a tourist visa, then they will deny it. (But dont go and actually try saying something like that... you never know)

    Secondly, in the past filing LC was not proof of Immigration intent. It was I-140. I dont know what it is with PERM. But look at it this way, the first GC related document that reaches USCIS with your signature and name is the actual proof of intent. I wonder if that is still your I-140 application.





    webm
    04-10 11:42 AM
    AFAIK it's not published yet. Also it's two years extension which is under review not three years.

    Good luck

    No, its 3 year proposed and still under review...:)



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