понедельник, 27 июня 2011 г.

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    • brb2
    09-21 09:37 PM
    Any time of the day there are more "guests" logged on than members. Making all the forums "members only" will double the membership right away:)



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    • chaks7
    01-20 09:09 AM
    We are expecting, so I do not think it is possible to change insurance. We still tried and got rejected. So that we will leave us with COBRA in case my wife chooses to quit or something happens to her job. And does H4 visa affect COBRA coverage? If you can answer this question that will be very helpful.



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    • Queen Josephine
    June 20th, 2005, 02:45 PM
    Wow, a pdf! You should start a service! I'd love the step-by-step if you don't mind. I'm not getting the knack of this too quickly. Thanks!

    I'll post it tonight when I get home from work.
    EAD Expiring; 245k rule? --- Urgent help! [Archive] - Immigration Voice
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    View Full Version : EAD Expiring; 245k rule? --- Urgent help!




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    • ash0210
    05-15 09:09 AM
    Due to PD movement, to track exact status of how many guys are "already in Que" and how many guys want to "join" the Que, we needs to have two more options e.g. -
    - India PD current & I-485 already filed (guys already in Que)
    - India PD current & I-485 NOT filed (guys want to Join the Que)

    This will help to know how many guys are in que, how many VISA's are available (as per USCIS) and then we will have some "guess" work on how PD will move ahaead in upcoming months!!

    This is a EB3 - General Poll across all countries


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    • sash
    06-19 09:33 PM
    Hi, I need to travel to India in October. I am told by my lawyers that I cannot travel until I receive the receipt notice for I-485. If my I-485 is filed within the first few weeks of July, when can I expect the receipt notice?

    Also, my husband's H1B is currently under extension. Is there any risk to his traveling to India in October with a receipt notice for I-485? He will need to get H1B visa stamped. Can they reject his H1B visa?

    Thanks so much.



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    • 750|140|765|131|485
    11-24 12:43 AM
    If your co-worker is giving you the letter it makes more sense to have it notarized to make sure that he really signed it - Its okay if he signs in front of Canada or other countrie's notary public. Since this an RFE - you dont want to take any chances.

    In general big companies wont issue this letter in this format and small companies disappear - so co-worker route is a pretty popular way !!

    ************* general layout , change accordingly ************

    January 01, 2007


    US Citizenship and Immigration Services
    Nebraska Service Center
    P.O. Box 87140
    Lincoln, NE 68501-7140

    Re: XXXX XXXXX


    TO WHOM IT MAY CONCERN:

    I write this letter to verify that Mr. XXXX XXXXX worked at YYYY YYYYY from Aug 1998 until December 2004. During this period he worked 40 Hours per week.

    During the period of employment at YYYY YYYYY Mr. XXXX XXXXX’s duty were to Analyze, Plan, Design, Develop and Test computer programs for Business applications using Oracle, PL/SQL, UNIX, JAVASCRIPT, JAVA, J2EE, XML, JSP, EJB, Hardware/Software Configurations, JDBC, ASP, VB6, DHTML, Linux, COM, DCom, Lotus Notes, Domino, SQL Server, DB2, and Informatica.

    Mr. XXXX XXXXX rendered these services with the highest degree of responsibility and professionalism.


    Sincerely,



    ___________________________________
    Mr. ZZZZ ZZZZZ
    Designation
    Company Name

    **************************************

    You should write the job duties, salary , 40hrs.week and get it approved by the lawyer and then email to lawyer. Once lawyer approves you should send it to your friend in Canada and he should print I believe he can notarize in Canada and send it back to you or may be he can print in his company letter head. Thank you.


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    • bathuzp
    11-10 10:39 AM
    Hi All,

    I had worked for a company from Feb 2006 to Feb 2007 on an H-1B visa. I had applied for an H-1B extension via that company as their software engineer. I was granted that extension. After Feb 2007, i started working at a different company.
    I applied for an H1B transfer as a software engineer with my current employer on Nov 27th 2006 through a law firm in Michigan. And last year my current company applied for my GC process in October 2009 under EB2 CATEGORY but with the same designation software engineer [level 2 as suggested by our lawyer] .I obtained a Master’s of Science in Management Information Systems from (University of Illinois at Springfield) in 2008 .I received my I-140 delivery notice in July 2010 stating that they have received his I-140 and it is now in process. I also received an approval on I-131 and I-765 just 2 weeks ago, I got a notice asking me and my wife to go for the biometrics test. Moreover, yesterday i.e. Nov 9th ,I received the EAD card for both me and my wife but unfortunately the very same day I get this Notice of Intent to Deny for I-140 requesting for evidence .
    The notice states:
    "……..The record contains a form ETA 9089 received by the department of labor on October 2009, thereby establishing a priority date in this matter. The petitioner certified in part H of that form that the proffered position is that of a "Software Engineer" and that the minimum level of education required to enter into that position is a Master's in Computer Science, Management Information Systems, Information Technology.
    However the beneficiary also filed a form I-129, Petition for a non-immigrant worker in November 2006 (when i was working for the previous company) as a "Software Engineer". It is noted that the beneficiary did not have a master's degree at that time.
    If the beneficiary entered into that H1B employment as a software engineer without a master's degree, the labor certificate will be invalidated since the master's level of education was not a minimum requirement. Please submit the evidence that the beneficiary obtained a master's degree prior to starting work for the petitioner as a software engineer.
    The petition may be denied based on the above information. However u r hereby granted 30 days from the date of this letter to submit to this office a written rebuttal to the adverse information."

    Also please note that we recently applied for my H1B extension as a programmer analyst as our lawyer had applied with this designation last year.

    Now here my questions:

    1. I applied for my H1B transfer with my current employer as Software engineer in 2006; I got my masters degree in Dec 2008. After consulting with my lawyer I filed for my GC in EB2 category as Software Engineer level 2 in Oct 2009. Now based on this why do you think we got this RFE? Is this a matter of concern or can it be a mistake? How can we resolve this?

    2. The USCIS has asked me to provide evidence of my masters degree in 2006, but that is not true, I received it in 2008, what I have to prove is that my new job requires me to have my masters degree. But how do I do that since my work title is still just a software engineer but level 2 and in my organization level 2 software engineer requires masters degree?!!!

    3. What is the worst case scenario? Is there a possibility that my I-140 will be rejected? What should my next step be then?

    4. What will happen to all my approved forms (I-131 and I-765). Will they automatically get rejected too if my I-140 is denied?

    5. Has anybody else had a similar case like mine? If yes, Please post your case out-comings on this thread.

    6. What will happen to my EAD card? Can I change my status to EAD now or should I just wait?

    7. Also we applied for H-1B extension as a different designation [Programmer Analyst]. So will that affect my GC process?


    We have 30 DAYS to respond to this RFE. If u have any suggestions or advice Relating to my case please post them here ASAP. Please help us out on this.



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    • gc_kaavaali
    11-14 04:09 PM
    somebody gave red mark...what happened???


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    • NWISE
    03-31 02:59 PM
    If there is a loophole and it is being exploited, plug the loophole, not scrap the program. If my head hurts, I don't cut off my head.
    And loopholes will be exploited, if they exist. I would do it (and I'm sure majority of us would) if we could. Nothing illegal in that.
    Kind of similar to how large corporates avoid paying taxes using every loophole and trick in the book even when they earn billions, while we end up paying tax on every dollar we earn.
    P.S. I'm not saying falsifying documents is acceptable... that's illegal and that's an enforcement issue, not taking an advantage issue.
    My 2 cents.



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    • crystal
    09-14 03:43 PM
    i understood that. I was just kidding :Di meant the quality was like, that perhaps my computer is messing it up


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    • sarva1
    05-25 10:40 AM
    Called Sen Coryn's office. Kicked out of voice mail to immigration counsel. However, did leave the message with the staff. He was professional and nice. HE even thanked for calling.



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    • gc_maine2
    03-26 09:11 AM
    Does anyone have experience flying in Qatar airlines, My mother in law is planing to fly by Qatar airlines. Any info would be great.

    Thanks
    Sree


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    • fall2004us
    10-20 05:36 PM
    Its illegal to work on H4 with ITIN, you need to have SSN, why did you even mention that on the tax papers. Try to hire a good lawyer to handle your case.



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    • vin13
    01-06 08:41 AM
    I just got back from India 2 days ago using AP. I am no longer on H1-B. My port of entry was philadelphia.

    Initially, our finger prints and photos were taken and sent to Secondary inspection.Usually anyone using AP to enter will be subject to secondary inspection. At the secondary inspection after verifying our AP , the officer put a seal saying AOS with a date on the AP and I-94. They will retain one copy of the AP and return one back to you. Passport and un-expired AP(both copies) was all that was needed.

    When you first approach the Immigration officer let him know that you are using Advance Parole.

    Surrender all your i-94s while leaving. Make a copy for your records (both sides).

    I was also prepared with a letter from my employer stating that i am working as .... since ....... Just a 2 sentence employement letter from my HR and carrried copies of my recent pay stubs. Also kept my i-485 receipt letter and i-140 approval letters. All these are supporting documents. Its good to carry them if they inquire more.

    The immigration officers were very friendly. No issues or concerns. Nothing to worry. i have changed jobs twice using my EAD now.

    Word of advise. when talking to the immigration officer, keep your sentences short and to the point. Smile and greet when you meet. Try not using abreviations for example AP. Say 'Advance Parole'.


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    • aries
    09-24 09:26 PM
    Hi All,

    NSC received my I765 applications on June 21st. I am still waiting for my EAD. I have seen many people from NSC got their approval for the same time frame. Is there anypone in the same boat. Is this something I should be worried about.

    Thanks!



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    • h1bnogc
    07-28 05:53 PM
    hibnogc
    This is also one of the questions I have. So, did you contest the denial request and are you currently working?

    I have not reached this situation yet...getting prepared.


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    • ivar
    03-12 11:36 PM
    Received a mail for myself and my wife. welcome to USA. But no email from CRIS.
    :):):):):):)

    Congratulations. You deserved it after such a long wait. Enjoy your GC. :)



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    • sammyb
    04-20 06:53 AM
    any luck with PIMS pre-verification ... please share ...

    I got this from different website(not sure if I can quote here).

    Before going /planning for a perticular consualte, you can email the consulate with a i797 copy asking them to check if it exists in their system. If it doesn't then they will request concerned athorities to make it available in system so that you won't get stuck with PIMS delay. So far I have heard mexico/canada consualte responding to emails positively.

    I will be mailing(canada consulate) them soon. Will keep you updated if i hear anything from them. if it works..its indeed a good options for us.:D



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    • shahuja
    02-07 01:29 PM
    Try calling the DOS and explaining then what's going on and see who you can call to check the status next.

    The lawyers email is text book response and may not help you much.

    If the consulate didn't give you any slip during your interview then most likely it is PIMS related. Call up DOS!

    i called DOS again and they say its in the final processing stage at the embassy..check with embassy..and embassy said waiting for information from DOS..i just hope VO doesnt send it back to DOS for more processing again...
    how did your wife's PP go ?? any news from embassyy..



    imneedy
    02-04 10:27 AM
    Today is the 22nd calendar day.


    Shahuja,
    Is this your first time application for H1 or is it a renewal?

    Its been over 3 weeks since my wife have H4 interview and the passport is still under "admin processing".

    Raju,
    Is this your wife's first time application for H4 or is it a renewal?



    a_yaja
    10-05 11:07 PM
    yep .. that was my thinking.
    Have seen a lot of posts where people insist that on EAD the job that you do needs to match the one you did on h1 .. at least 50%.

    So am looking for documentation on what the exact rules are related to an EAD.
    Any weblinks on this?

    I think there is some confusion in the way you have asked your question. Your question is really about AC21 and not EAD. AC21, among many things, allows one to change employers 180 days after the filing of the I-485 as long as the new job is same or similar to the job description in your Labor Certification. If this is what you are asking - then this has nothing to do with EAD. You can invoke AC21 even on H1B.

    EAD stands for Employment Authorization Document. It is a means by which a person can work legally in the U.S. Students who have completed requirement for a degree are eligible for EAD, anyone who has applied for I-485 is eligible for EAD, anyone who has applied for refugee status is eligible for EAD. Anyone who has an EAD is not restricted to a job category or classification which is unlike the H1B which is specific to a job, its classification, its location, employer, wage requirements, etc. If your I-485 is employment based and you have an EAD, you can quit your job and work in McDonalds as a cashier. The EAD will not prevent you from doing this. However, your I-485 application is no longer approvabe and it will be denied (this does not mean that you should quit your job and take up a waiter's job to see if the above statement is true - if you do - you are doing so at your own risk). And once your I-485 is denied, then your EAD is automatically invalid.

    What you really need to look up is the American Competitiveness In the Twenty-first Century Act (in short - AC21). This is the one that governs if your I-485 is approvable (a.k.a "getting a Green Card") or not after you change your job. Again, this applies to only if you are the primary applicant for an Employment Based I-485. If your I-485 application is based on marriage to a US citizen or is based on Family Ties to a US citizen or is based on application for Refugee Status (or any other category like finishing 4 year degree or higher in a US university), then the job you take up will not affect your I-485 application. Even dependents like spouse and children of an employment based I-485 applicatant can take up any job with an EAD and it will not affect the I-485 process.


    Автор: gawaxyw на 01:12

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