الخميس، 9 يونيو 2011

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  • nashorn
    12-12 01:25 AM
    My wife went for her biometrics today and what a surprise, her date of birth on the system was wrong.
    She only had DL on her and no passport. So, the ASC staff took her biometrics but refused to correct her DOB, claiming that passport was needed.
    So, we called up USCIS and upon description of the problem,were immediately transferred to level 2. Level 2 looked at the cases and confirmed that DOB was wrong on I-485. It was correct in I-765 and I-131. She said that the only way to correct it was to take infopass and present passport and DL.

    It is now more or less clear that DOB mismatch has caused her EAD to be stalled for so long.I have already got my EAD.

    Moral of the story : take passport for FP, infopass, etc. all the time.

    Our EADs and APs were filed separately with I-485 courier receipt. What a mess !!

    lets see what happens at infopass.
    It's good to know.




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  • krishnam70
    05-06 11:43 AM
    I have been a silent follower of IV for more than a year but this is my first post so be kind :)

    I am a full time employee. My 140 was approved in Jan 2008 and I am one of those who missed the July'07 fiasco (as you can see from my PD :().

    I am being given an opportunity to join another team in my company. I do not want to impact the GC process but do not want to let go of this opportunity.

    The other team is ready to replicate my roles and responsibilities as per my PERM and give me a similar title. My company lawyer believes that this would be the best approach and would not hamper my existing PERM and I140 and I would not have to restart my GC process.

    I am reaching out to the collective knowledge base of the IV community for their insights/inputs/comments and red flags to watch out for.

    Thanks in advance :)

    1. A letter from your employer with same or similar job description and title ( check the equivalency list)
    2. Make sure your income is along the lines which is defined in the LCA. There should not be very huge variance in income levels.

    - cheers
    kris




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  • va_217
    12-31 12:50 PM
    Not sure about the Mexico consulate, but you will most probably face problems if you go to Chennai consulate.In case if you decided to take chance and go to Mexico, make sure that you have valid F1 visa to come back to USA. Otherwise you have to stay in Mexico :-)

    If I am in your position, i will not this type of chances.

    how can you come on F1 back, when your status is changed to H1 as you have to show valid I-20 for F1 which you don't have or you have enrolled in any school for MS, MBA or..... as you changed from F1 to H1 you anyway need stamping.
    Please correct me if I am wrong




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  • ultimate_champ
    11-27 07:04 AM
    Hello,

    My I485 was filed at TX center. However it was transferred to VSC for data entry and they generated the receipt number.
    Receipt date = 03-Aug-2007
    Notice Date = 12-Oct-2007

    On 20-Oct, VSC then transferred the case back to TSC and generated a transfer notice with date of 20-Oct-2007

    For the AC21/180 day I always thought that the counting would start in my case from 03-Aug. However my company lawyer says that it will start from 20-Oct and I am at a complete loss on this..
    Is it really true.

    This is really urgent since I stand to lose out big time on an excellent job offer.

    What are my options here - Is there any documentation that I can show to him that I am correct (If I am).
    Thanks.



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  • hpandey
    01-03 12:15 PM
    But dont you need to wait for AP approval to travel if you are in AdjustmentOfStatus Phase?

    Thanks

    You don't necessarily need an AP to travel if you have filed for AOS. If you have a valid H1 unexpired visa you can travel on that. You wife would need to get her H4 visa stamped to come back to US.

    It is a matter of choice if you want to use AP for travel or your valid H1/H4 visa.




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  • little_willy
    05-02 12:56 PM
    I am in a similar situation. I was offered the job but was later declined in a top 5 fortune company because of this scenario. My 6-yr H1 ends on Sep 2007 and I have a 3-yr extension based on approved I-140 with current employer till Sep 2010. The company attorney that initially offered me the job reasoned that this is a grey area and they are not willing to take the risk. So, bottomline is different immigration lawyers have different opinion on this matter. It is a case of how you read the grey print.

    Can someone point me to any document under AC21 that clearly states this is allowed. If possible, i will try to convince them, but i don't have anything to validate my point at this moment.



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  • immiadvise
    12-30 03:11 PM
    hi All,

    i'm new to this forum.please advice on my situation.

    I was on F1 earlier and now I am on H1b from jan 2007.
    I am the first person for whom company filed H1B and got approved.
    I am the only person on my companies payroll and only person on their H1B. Is that going to be a probelm if i go for H1B stamping to mexico?
    If i go for stamping to mexico, What sort of questions i will be asked?

    Please help me ...

    Thanks




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  • AK01
    02-13 12:38 AM
    No, experience from current company does not count.


    That is not true. It CAN count... according to PERM guidelines (from murthy.com):

    "On-the-job experience with same employer is allowed for positions that are not "substantially comparable," meaning more then 50%, different from the original employment position."

    So if you are a Software Engineer and get promoted to Sr. Software Engineer or Product Manager then as long as you can prove that your job duties are 50%+ different than the old position, you can use that experience provided it helps you meet job requirements for the senior level position.

    Also see this:

    http://www.simmonsungar.com/rirchecklist.html

    "Experience Gained on the Job

    PERM did not eliminate the ability of the foreign national beneficiary of the labor certification to qualify using experience gained with the same employer as long as the prior job was not �substantially comparable� to the labor certification position. A job will be considered �substantially comparable� if it �requires performance of the same job duties more than 50 percent of the time.�

    Apparently, experience gained with an overseas parent company, U.S. affiliate, or predecessor company will not be considered experience gained with the same employer. This is based on the definition of �employer� as an entity with a particular Federal Employer Identification Number (FEIN). This means that experience gained with an overseas parent, affiliate, etc. may now be used to satisfy the experience component of a PERM labor certification application."



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  • belmontboy
    08-14 08:28 PM
    USCIS is considering to "permit pre-filing of I-485 applications upon approval of I-140 petitions for preadjudication of the I-485 applications pending immigrant visa number availability."


    News From The Oh Law Firm Site: Link (http://www.immigration-law.com/Canada.html)

    Possible good news for folks who missed 07' July Fiasco and still waiting to file I-485

    good morning.
    This horse has been beaten to death before.

    the pre-adjudication process does not give u any benefits of I-1485.

    I hope they don't charge money for pre-adjucation, else this would be another scheme for money making!




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  • theconfused
    03-18 05:08 AM
    Dear All,

    My history has be read at -

    http://immigrationvoice.org/forum/forum87-out-of-status-employment-gap-and-status-revalidation/908350-missing-pay-stub-in-past.html#post1255553

    Summary - I have a valid H1B visa till 31 August 2010. I went for visa interview (renewal of H1B) on 25th Feb 2010. I was given 221g form. It was mentioned to submit few documents in the form. Documents were CV, job description, last travels to US in 5 years etc. I submitted those on 26th Feb 2010.

    On 3rd March 2010, i returned back to US with my valid H1B visa and current I-797A. Got an I-94 at the Chicago port of entry with the expiration date of 30 September 2011 (same as expiration date of I-797A).

    On 16th March 2010, i got an email from New Delhi embassy asking me to submit the passport. I replied asking if they need it for visa stamping. Embassy just replied with the same message asking for the passport.

    The same day i called DOS (Department of State) and they mentioned that my case is still pending and they are not sure that why the embassy needs my passport?

    I emailed embassy asking that how soon should i travel back to India. The NIV unit mentioned as early as possible.

    Do you guys have any idea what is likely to happen when i submit my passport?



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  • meridiani.planum
    02-29 12:09 PM
    If your company is financially strong and can prove that they can pay your salary, then you will not have any problem. If your company is small and have only couple of consultants working and the earnings are less then you might have issues.

    correct. Ability-to-pay is one of the 2 major causes of I-140 denials (education qualification typically being the other where you have a 3 year degree and your LC said 4).

    If your employer is in good financial state you should be ok, if not, you might get a denial., so start preparing right now. Stay on H1, dont use EAD, just to be on the safe side... If you get a denial appeal immediately, and start another LC from another employer. Hope htat your appeal goes through (many people have successfully appeal ability-to-pay based denials)




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  • Honda
    06-24 12:29 AM
    We applied on July 2nd during July 2007 VB fiasco.

    I just received the following email from CRIS regarding my son's AOS I-485 application:
    -------------------------------------------------------------------------------------------------------
    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Request for Additional Evidence Sent

    On June 12, 2009, we mailed a notice requesting additional evidence or information in this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow the instructions on the notice to submit the requested information. This case will be in suspense until we receive the evidence or the opportunity to submit it expires. Once we receive the requested evidence or information and make a decision on the case, you will be notified by mail. If you move while this case is pending, call 1-800-375-5283 to update your address.
    --------------------------------------------------------------------------------------------------------

    I am not sure what it is, still waiting for the mail to arrive in next few days.

    I am wondering if this has something to do with my son turning 14 years yesterday (i.e. June 11th). Is there any kind of RFE sent for this type of situation?

    Please advise.

    Thank you for your help.

    Did you get any updates regarding your RFE?

    Once you got the RFE plz post it. It might be useful for the other people. Thanks.



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  • Libra
    08-22 08:05 PM
    dean and kadarm welcome to IV, we are very much active and we are glad you guys contacted. so far 5 members voted to join in bus, other flying. so i request you guys to join us in the bus if not have any problem.




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  • pappu
    05-27 09:41 AM
    Please do not put fake data in your profile.

    Please input real data if you would like others to respond to you and spend time on your post. If you have not started your greencard process, please keep all fields empty.

    Thank you



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  • obviously
    02-06 11:24 AM
    Pay rises are OK as long as they within range for the job classification in which you work. Only trigger point is when someone takes a drastic pay cut: usually an indicator of fraud / sham-companies.




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  • calboy78
    10-10 12:25 AM
    Marry me...i like funny people......

    /thread
    LOLROTFL
    Hope this is the first one :D USCIS does not want to give GC to those who will engage in polygamy :D



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  • uma001
    11-16 04:57 PM
    Hi,

    My educational background is Bachelor of Engginerring in Computer science.

    I came to United states in December 2006. when i came i was having six years of experience.

    My employer applied for my Labor in 2nd week of August 2008. After 2 weeks my attorney asked for a self affidavit having details about my work experience from 2001 till 2006 and also he gave me a format.

    I prepared one affidavit for one employer ( totaly five affidavit for five employers between 2001 to 2006 ). I was team member in First and second Employer, i was a Team Lead in third employer, I was a Project Leader in Fourth and Fifth employer.

    When i prepared the self affidavit i made a mistake, I gave the correct dates, correct designation ( Which is in my offer and reliving letter ) but i kept same responsiblities for all employers.

    I didnot get any issues in my Labor. My Labor got approved in March 2009. Now my employer filed I - 140 in the end of september. Two days back he said that there is a RFE regarding my I - 140 case. THe RFE contains the Below Details.


    "SINCE THE EVIDENCE INDICATES THAT THE BENEFICIARY DOES NOT HOLD AN ADVANCED DEGREE, IT MUST ESTABLISH THAT HIS POST-BACCALAUREATE EXPERIENCE WAS PROGRESSIVE. HOWEVER, HIS SWORN AFFIDAVITS INDICATES THAT WHILE HIS JOB TITLES CHANGED, HIS DUTIES IN 2006 WERE STILL THE SAME AS THEY WERE IN 2001 FOR EMPLOYER 2. PLEASE EXPLAIN HOW HIS EXPERIENCE WAS PROGRESSIVE"

    I explained the suitation to my employer but he is saying there is only 50:50 chance for I-140 to get approved.

    What will happen now ?

    What type of document i should provide to USCIS for this query?

    Will my I - 140 get approved ?

    Thanks & Regards,
    Raj..


    Is your green card filed under EB2 or EB3?




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  • dvvb
    03-01 01:53 PM
    My case:

    Worked with Co. A from 2000 - 2005
    Labor filed in EB3. Priority date May/2003

    Worked with Co. B from 2005 - 2008
    Co. A Labor approved in Feb 2008
    I-140 filed and approved in Mar 2008
    I-485 Filed in June 2008 as future employee

    Working with Co. C from Nov 2008 on EAD.
    Now Co. A filed for chapter 11 and closed their shop.
    Atty. from Co. C said to file AC21.

    What are my options ? Should I file AC21 immediately or wait till my case comes up for processing ?

    Anyone in similar situation or have an idea next steps.




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  • hebron
    06-22 01:39 PM
    Hi,
    I'm holding Bachelor's Degree from India and have 9 years of full time experience (6 years with previous employers + 3 years with current employer). Last year my employer initiated a process to file PERM. My employer had given all the specific details to our attorney firm to file my case in EB2. But our attorney screwed up everything and filed my case in EB3. My EB3 labor is approved (Section H, PERM job for Bachelors + 2 years of experience). I'm planning to file I140 with this EB3 PERM to facilitate my H1B extensions,etc.

    Right now, my employer says that he can initiate another PERM with EB2 and later when we file I140 for the EB2 labor, we can make use of EB3's PD after its I140 approval. I understand that it has to be a different position for EB2. If we follow this case, at what stage I need to use my EB3's PD to port. I mean, do I need to have my EB3 I140 approved before filing EB2 PERM or have only when filing EB2 I140.

    My another question is, how risky is this? I mean having applied for EB3 and EB2 from the same employer. What kinda repercussions we're heading into? What are the possiblities of getting audited for EB2 PERM ( I didn't get any audit for my EB3 PERM).

    Do you think it's better to transfer visa to someone else after my EB3 I140's approval and start a fresh EB2 PERM from that employer?

    I had gone thro a case study given in this forum but it's only after applying AOS(485). Mine is still at I140 stage.

    Any input is welcome.


    Thanks,
    Sunil


    Hi Sunil,
    I have also been thinking about converting from EB3 to EB2 from the same employer. My lawyer says that for this to work the job descriptions ( for EB3 and EB2) has to be atleast 50% different. And I am not sure I can prove that because my EB3 was applied for "software engineer" and currently I am promoted to "principal software engineer". The DOT and SOC codes for both the jobs are the same. And I also do not have 5 years of experience prior to joining my current employer. So my attorney says that it will be difficult to show the experience that I gained from my current employer for EB2.

    I am not sure if my experience helps you or not, but please check with your attorney.




    Milind123
    01-25 09:19 AM
    Hello everyone,
    I went online to check the status of my I-485 and it displayed me the following message

    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Document mailed to applicant.

    On December 19, 2007 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.


    What does it mean? Does it mean that I-485 is approved.

    Pls guide.

    Kapil

    I have exactly the same message with a date of Dec 7th. However, I did not receive any kind of document from them and neither did my looyer. (BTW whenever I want to speak to her she is always away from her desk, spending the beter part of her day in the restroom, I assume).




    styrum
    02-13 11:14 PM
    No, MS+0 is still Job zone IV (SVP level 7: Over 2 years up to and including 4 years of "Specific Vocational Preparation")). There is plenty of software developer position codes in zone IV: 15-1031.00 - Computer Software Engineers, Applications, 15-1032.00 - Computer Software Engineers, Systems Software,
    15-1021.00 - Computer Programmers. However, if you (your employer) can claim in the position description (and on the prevailing wage request) that you manage other people, then you can chose, say, 11-3021.00 - Computer and Information Systems Managers, and that is job zone V, so you can require both MS and some experience when advertising it.



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