Thursday, June 9, 2011

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  • Sai gc
    09-23 04:54 PM
    case process resumed ,Soft LUD everyday after RFE response,Any thoughts whats going on
    My case details:
    PD 2004 october(substituted)(NSC)
    I 140 approved on october 2007
    Got EAD's and AP's for both me and my spouse.
    I 485-Received mail from Uscis on August 23rd,requesting for Evidence(no change in online status though).
    RFE was for EVL,for which response was sent on 16 th sep(through Murthy firm )
    Hard LUD on 17th september,change in online status,"received RFE response case process resumed"
    soft LUDs on my application on 18,19,20,22 and 23rd.
    soft LUDs on spouse application on 22nd and 23 rd.
    What does this mean,My case is being processed ,any chances of getting GC this month?Any thoughts?
    Hopefully this means Good news.
    OM Sai




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  • nashim
    05-12 09:19 AM
    gangadhargs ,
    Are you primary applicant on both pending I-485 applications? or one is based on your's spouse application? Are both sponsored by same employer? Is it sub LC?
    I am asking these questions because I have 2 approved I-140 from different employers but my attorney told that it is good to file only one I-485 so I did not file second one. I am thinking to file second one also if it is safe to do so. I appreciate your response thanks.




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  • hi_mkg
    05-08 03:18 AM
    ]i am thinking that this is a liar's post.[/B].. i am very surprised that USCIS went to extent of finding H4 inconsistencies and denying a dependent GC... that would take the cake... it makes it sound like USCIS is out to catch people with the smallest slightest mistakes... i do not think that is the case...

    What do you mean? I'm asking a genuine question which happened to my brother. If you can not understand someone's pain and can not offer any help then what are you doing here? Bashing people with such kind of remarks and playing with their sentimence...

    I'm going to report this post to Moderator..




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  • meet
    08-17 11:14 PM
    I am also having same situation as 'TamilSelven's wife. But my H1 visa was expired in Sept 2009 and I didn't work on that. I am on H4 for now and got one offer from another employer.

    So my queries are :
    - will I get H1 again under COS?
    - If yes, how much time will it take to get H1 again?
    - Does this process will be like a new H1?
    - how much will it cost to my employer with attorney fees?

    Thank you.

    Meet



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  • mirage
    07-05 12:40 PM
    It is even better. Atleast we'll get the media attn..




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  • jonty_11
    07-06 12:13 PM
    Since 2000, a total of 182,694 work-based visas have not been given out because the immigration agency had fallen behind in processing applications, according to the 2007 report of the immigration agency’s ombudsman.

    as per ny times report...

    http://www.nytimes.com/2007/07/06/us/06visa.html?_r=1&hp&oref=slogin
    and look at how they can work on a wkend when they actually want to prevent loads of applications hitting theeir doors....smart ppl I must say.



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  • gc28262
    12-17 08:22 AM
    Even in today's condition, you are legally clear. Why didn't company cancel the H1 ? That is company's problem. You don't have to worry about it.

    IMO most likely you can get in to the country without an issue. It is worth giving a try.

    Also see this uscis link

    Q : Must an H-1B alien be working at all times? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)




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  • Legal_In_A_Limbo
    03-07 01:01 PM
    Has anyone self filed G-28?
    I will relaly appreciate if they can guide me.

    Thanks



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  • boston_gc
    01-25 05:49 PM
    Which US consulate did you apply? Do you already have H1B on your passport? I think the best option will be to approach your employer and have them sort this issue out. Sometimes, the consulate will request for some additional information from the employer and once they get this information, they will issue the visa.

    Good luck!



    I am in a distress please help me. I attended the US consulate for a new H1B Visa. The visa was refused under 221(g). The reason mentioned for the refusal was:

    Your petitioner does not appear to be either able or willing to provide qualifying employment in the United States in accordance with appropriate laws and regulations.

    VO mentioned the documents will be sent back to USCIS. Pretty much kept all the documents like I-797, I 129, petition documents, certificates, client agreement, etc.

    They mentioned the candidate profile is good but they have doubts about the employer. As far as I know and through my research the employer is good and have all the necessary documents correct. There is nothing wrong in the documentation and every thing is as per stipulated guidelines.

    The employer has a good employeee strength and I had good feed back from other employees as well. I am pretty sure the employer is in a position to employ and provide the salary. I do not know on what basis the USCIS has come to conclusion that the employer is not qualified. Only few days back there were two visas granted for the same employer.

    Please advise me what to do next. I need to do things urgently as I do not have enough time left (only few months ) on the H1 B Validity.

    1. Do I need to send a mail to Consulate asking the specific reasons for denial?

    2. Do I need to write to the senator or some one about this?

    3. Do I need to consult an attorney about and re-request for a review of the petition?

    4. Do I need to ask the employer anything specific.

    I have been banking on this opportunity for the last two years and had planned everything hoping everything will go smooth. I am in a distress. Please advise me the next steps urgently so I dont loose the opportunity.




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  • rajuseattle
    08-12 08:35 PM
    Sab,

    If you do the paper file for which you submit all the initial evidence and supporting docs, you dont need to do finger printing.

    but if you do e-file then you will have to go for finger printing.

    Anytime you do your finger printing it is valid for about 15 months.

    For me too I gave my finger prints in Nov 2007, but still USCIS sent me FP notification for code2 Finger printing.

    by the way USCIS's RFE for me turn out to be that they dont have my code-2 finger prints in their system, so they need to know the details about my FP appointment and what's the schedule.

    USCIS processing is really goofed up for e-filed applicants.

    This is my personal expereince and their are lot of other folks who filed around the same time frame are facing the RFEs for fingerprints.

    anyways i am going to respond to my RFE once i complete my biometrics on august 22nd 2008, by that time i will have the acknowledgement from the Seattle, ASC that they indeed complete my code-2 FP for the EAD purpose.

    If you do paper based EAD renewal, you will receive EAD cards but it says fingerprints not available. As long as your employer is accepting the EAD cards it doesnt matter wether its with fingerprints or without fingerrints.

    I hope this helps.



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  • sam_hoosier
    07-25 05:04 PM
    Hello folks,

    First of all thankyou for your input in advance.

    I just switched from OPT to H1-B and got my I-797A. I am planning to go to my home country at the end of the year to get my passport stamped.

    My employer gave me the lower portion of the I-797 which has I-94 on the right and it says the lower left portion is for personal records. However, my employer cannot find the upper portion of the I-797. I have a copy of the full I-797. Can you please advice what I should do? I need to give I-94 when I depart the US. So I will have anly the left lower portion of the I-797 to apply for the visa. Is it OK? Again, my employer has misplaced the upper portion of the I-797A. Do I need it the upper portion for visa purposes?

    Thank you!

    Your lawyer should be able to help you get a duplicate I-797 if your employer cannot find the upper portion. I believe you would need the entire document when you go for H1B stamping.




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  • chandrajp
    04-28 09:35 AM
    You cannot change employer unfortunately with just I-140 approved. You need to apply for I-485, be with the current employer for 180 days and then you are eligible



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  • mwin
    06-11 08:57 PM
    I E-filed my EAD application and sent the supporting documentation to the location on the confirmation page. To day I see the following notice:
    "We attempted to deliver your item at 1:51 PM on June 11, 2008 in MESQUITE, TX 75185 and a notice was left. It can be redelivered or picked up at the Post Office. If the item is unclaimed, it will be returned to the sender. Information, if available, is updated every evening. Please check again later."

    Is there something I can do to resolve this?
    I sent the application to the following address:
    USCIS TEXAS SERVICE CENTER
    Atten: E-File I-765 PO BOX: 852401
    MESQUITE, TX 75185




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  • sodh
    07-18 06:36 PM
    greencardvow you rock.



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  • go_guy123
    07-09 09:00 AM
    Guys, see below link... It is pretty bad ... Job posting to hire someone for pre-approvd labor.... All posts within last 2 weeks by 10 companies..... May be we need to email DOL and also other govt. organizations ....

    http://seeker.dice.com/jobsearch/servlet/JobSearch?LOCATION_OPTION=2&N=0&Hf=0&Ntk=JobSearchRanking&op=300&values=&FREE_TEXT=pre-approved+labor&Ntx=mode+matchall&AREA_CODES=&AC_COUNTRY=1525&WHERE=&RADIUS=64.37376&ZC_COUNTRY=1525&COUNTRY=1525&STAT_PROV=0&METRO_AREA=33.78715899%2C-84.39164034&TRAVEL=0&TAXTERM=0&SORTSPEC=0&FRMT=0&DAYSBACK=30&NUM_PER_PAGE=30&x=0&y=0

    Wish they have stopped Labor Substitution much earlier... Have to wait till mid July now..


    Few more days to go now. In fact its already over. No More time to prepare
    I140 application and send by July 16th.

    Yes they should have stopped long back with perm introduction as it was no longer needed after perm.




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  • hopelessGC
    11-10 01:26 PM
    I'd like to know the answer to this one as well. There are people who have invoked AC-21 and would like to know how they went abou this.



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  • deardar
    02-08 07:59 AM
    Hi,
    I am waiting for replys.
    But with in one month of my h1 approval of nov2007 i came to India.
    I did one certification(one paper) in one language in november2007.
    I have only one paystub.Do i need my employer 3 yrs tax papers.I am the 1st employee to my employer.Is any other documents needed other than pictures of my employers office,tax papers.Did i have to submit my indian experience or any other documents from indian company.Right now Can i change years of experience in india(Actually i submitted in h1 process 2 +yrs of experience in india,Can i change that to 1 yr exp in india now.Because i missed few documents of india experience).

    In which location is easy for me to stamp delhi|mumbai|chennai.
    Pls post experiences and needed docs.

    DO you have a choice ? I thought if this is first time stamping you have to go to the consulate which serves your state.




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  • kumar1305
    02-15 03:31 PM
    The per country limit for countries is 7% and for dependency is 2% . I am not sure what the exact definition of dependency is. The FAM manual lists dependencies. Greenland is listed as a dependency.

    Greenland became an integral part of the Kingdom of Denmark in 1953.

    Greenland - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Greenland)

    FAM Manual

    Powered by Google Docs (http://docs.google.com/viewer?a=v&q=cache:duOg7IY_8mcJ:www.state.gov/documents/organization/87529.pdf+FAM+dependent+area&hl=en&gl=us&pid=bl&srcid=ADGEESg0NHOav5w3YDyGRuQ-5l8cUKd7K2x0xOpgUYuc2NMh4tdd3NmeDc4St58eMcS1B8SNt1 MNP82kcQSARNnTKrvmZZUV5yKuQ9_TDvjjfsQNfLurfQ1SfFFA 18ETbPO8Qp6lJbtM&sig=AHIEtbQOfqJ345B3_l9i_ta2BfQz-cTCTg)

    If Greenland which is a part of Denmark can be listed as a dependecy be classified as dependencies and given their 2% share each why cannot Union Territories of India i.e. Union Territories:

    Andaman and Nicobar Islands
    Chandigarh
    Dadra and Nagar Haveli
    Daman and Diu
    Lakshadweep
    National Capital Territory of Delhi
    Puducherry


    Additional Research: Goa and Pondicherry have been removed. Can somebody help me with the official UN docs?

    United Nations list of Non-Self-Governing Territories - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/United_Nations_list_of_Non-Self-Governing_Territories)

    Union Territories - Profile - Know India: National Portal of India (http://india.gov.in/knowindia/union_territories.php)

    So are scotland, wales considered dependencies? Kashmiris can get passport from Pakistan if they want. Who would give passports to Hyderabadis?

    Goa and Pondicherry are states now.

    It is difficult without knowing the meaning of dependencies and how it is defined.




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  • chanduv23
    04-18 10:46 PM
    Nice talking to you, and thanks much for your guidance, help, and time Chandu. The short phone conversation with you was quite informative and helpful. Thanks to IV for your initiatives to help the members who are in trouble with immigration matters.

    Thanks.

    My pleasure. MOTIC will resolve your issue. Your lawyer will manage it. Good luck.




    cooldude
    07-19 09:58 AM
    po box is for usps delivery only. fedex doesn't delivery mails addressed to po box.

    Thanks a lot. It should be fine I guess then.




    kalyan65
    10-19 10:25 AM
    my i-140 denied for same reason in May'07 three days before Jun'07 visa bulletin released.
    I appealed AAO and got REF in Jun'09, In RFE, Is institute, I got PG diploma,
    is recognized by university, (I got Diploma from institute affiliated by University of Madras). I got diploma 20 yrs. back, approached university they told, institute is no longer affiliated by university last 5 years, they refused to give letter even though it was recognized when I graduated.

    I got letter from institute in sealed envelop stating, my Diploma is recognized by university of madras,
    It took 2 months to reply RFE, after 1 month I-140 got approved


    Here is my case history,

    Came to US : Aug.2000 on H1
    First Labour : Apr'03, Labour Approval : Jan'07
    First I-140 : Filed : Feb'07 Denied : May'07 (Based on 3 yrs. Degree) , Appeal : AAO, Approved : May'10 with one RFE

    Second Labour : EB3, Oct'07, Labour Approval : Mar'08
    Second I-140 : Jun'08, Approved : Apr'09

    Counting days to file 485 , but with current date movement, I am going to retired on H1 visa.



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