Tuesday, June 21, 2011

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  • sats123
    06-19 02:22 PM
    Yeah, how would I get the letter if he is not willing to.

    But he still needs the Employer Verification Letter from his employer. :(





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  • techysingh
    02-03 09:36 AM
    not yet





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  • coloniel60
    08-14 07:58 AM
    Yes, there is no point in re-filing,rather it will create confusion. I spoke to USCIS ,at this point the fedex receipt no. is good enough ,to prve that your application reached service center,before 17th august . Now it makes sense to just wait for the receipt.

    People can show someone elses fedex receipt and claim that they too mailed their application. How can USCIS find out which fedex receipt is for what application?





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  • desi3933
    02-03 04:59 PM
    Almost all holders of the CA have a 3 year BCom. We have had, as far as we know, 100% approvals showing the CA = US Masters with the proper documentation and a professor's expert opinion letter. Also with AMIETE.

    Sheila -

    Please refer to this pdf from CA web site
    www.icai.org/resource_file/42prof.df.pdf

    CA as well as ICWA are post high school (10+2) programs. Therefore they can not deemed as Master Degree level courses. In fact, I did my ICWA along with my graduation from IIT. Just because most people do it after BCom does not make it Masters level program.

    In the case when/if USCIS determines CA India not to be of Masters level program, it can affect even the approved I-140 petitions.


    __________________
    Not a legal advice.
    US Citizen of Indian Origin



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  • ragz4u
    03-16 03:43 PM
    I tend to agree too that nothing will happen, too much talking, too much BS, but, I can only hope that the republicans know that they can loose the house control, so, maybe they will prefer to have something more conservative than nothing.

    Check out the following article from the OC register here http://www.ocregister.com/ocregister/homepage/abox/article_1053340.php

    If this is true, this seems to be good news for us. The McCain Kennedy bill is the most pro-immigrant of the bills and if thats what becomes the Comprehensive Immigration Bill, we all might end up happy!

    WASHINGTON � The Senate Judiciary Committee today reached agreement on proposals for a new guest-worker program and a plan to allow the estimated 12 million illegal immigrants living in the United States to become permanent residents.

    Less than 24 hours after most experts and Capitol Hill watchers believed the committee would be unable to get a bill to the Senate floor by Majority Leader Bill Frist's March 27 deadline, committee Chairman Arlen Specter had brokered deals between some key senators on the complex issue.

    No formal votes were taken and committee staffs were preparing to spend the next 10 days drafting language that would put in place the compromises reached. It appeared that at least a dozen of the 18 members on the panel would be prepared to back this deal. The committee plans to meet first thing in the morning on March 27. It is not yet known whether Frist will allow the panel to finish and send its bill to the Senate floor or if he still plans to bring up a more limited, possibly enforcement-only measure.

    But even if nothing scuttles the compromise between now and when lawmakers get back from recess, and if the Senate passes a bill with these elements, there would remain a steep battle to get agreement from the House. The House passed an enforcement-based measure in December that doesn't include a guest-worker program or a plan for undocumented immigrants in the United States now.

    Early this afternoon, Frist announced his intention to introduce a bill before next week�s recess that would deal with enforcement of immigration laws but will not include any of the controversial guest-worker or illegal immigrant provisions. Officials in Frist�s office say he is doing this to ensure that there is a bill ready on the floor if the committee fails to pass one. If Specter does get a bill out of committee, said Frist press secretary Amy Call, that could be substituted for the majority leader�s measure.

    The most likely scenario, said ardent supporters of immigration reform who were pleasantly stunned by today's events, is that this will end in a stalemate, only to be brought up again in the next Congress. But they say it's important that the Senate go on record as supporting comprehensive change.

    For the first time, Specter, R-Pa., who said he spent hours on the phone last night with Sen. Edward Kennedy, D-Mass., agreed to Kennedy's plan to deal with the estimated 12 million illegal immigrants. Specter would have allowed these people to work indefinitely but not get green cards. Kennedy wanted to give them a path to legalization.

    Specter agreed this morning with Kennedy's approach, provided that these illegal immigrants would not be able to start legalization proceedings until the backlog of 3 million people now waiting in countries around the world for their chance to come to the United States legally get their green cards.

    The deal reached on a new guest-worker plan says that 400,000 new guest workers would be allowed into the country each year. Under the proposal authored by Kennedy and Sen. John McCain, R-Ariz., that number would have been unlimited. But Kennedy, a senior member of the Judiciary Committee, agreed to a cap and also agreed that after working for two years, these new guest workers would have to go back to their home countries and reapply for another stint as guest workers, one that could last up to six years. But first they'd have to stay in their home countries for one year.

    Built into this compromise, however, is a chance for these workers to get a waiver and not go home based on how long they have been employed here or if they are considered essential to a U.S. employer's business.

    The plan also allows guest workers to apply for permanent U.S. residency, something not included in either Specter's bill or the other major proposal under consideration, the bill by Sens. John Cornyn, R-Texas and Jon Kyl, R-Ariz.

    Kennedy essentially compromised with Cornyn, who chairs the immigration subcommittee. The deal takes parts of each of their proposals.

    Not all members of the committee agreed with these compromises.
    Kyl said he still believed the illegal immigrants would get preference over those waiting legally in line overseas because the undocumented would be able to stay in the U.S. and work until their turn at a green card came. Those waiting to come here legally don't have that option, he said.

    And several committee members most opposed to a guest-worker program � most notably Sen. Jeff Sessions, R-Ala., were not at this morning's session.





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  • casinoroyale
    06-19 12:05 PM
    In other discussions it is mentioned that if I-485 is pending & you are applying for renewal you don't need this letter.

    BTW, i just read this in the I-131 instructions, so if i hold a valid AP now and apply for renewal and go to India and enter back using the existing AP, does it mean my pending I-131 renewal will be abondoned? :confused:

    http://www.uscis.gov/files/form/I-131instr.pdf (page 4)

    If you travel before the advance parole document is issued, your application will be deemed abandoned if:

    A) You depart from the United States; or
    B) The person seeking advance parole attempts to enter the United States before a decision is made on the application.



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  • immi2006
    08-17 11:13 AM
    Folks,

    Let us focus on the rally and recapture of visa numbers. This more important to all than fighting out the LS issues and finding fault it is not our issue. If the LS guys gets rejects, they deserve it for not using their own Labor, and they a price for the same. Let us not beat them with a stick and focus on what can be done now.

    Let us not build hatred against anyone, this can only undermine our efforts. You never know, heard FBI Checks are strict on LS folks, hope that is true, atleast genuine filers get it based on their PD, so be 2001 or 2002 as long as they are the original beneficiary.


    Where is it mentioned that LC sub has been rejected ? I looked at the link and
    I couldnt find any thing.

    Rajesh





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  • seratbabu
    02-23 09:48 PM
    Thank you all for your valuable suggestions... I have compiled the list from your posts and I will ask my attorney as to what all from here can be submitted...

    1. marriage certificate
    2. wedding photographs
    3. wedding card invitation
    4. property papers on joint name
    5. other investments on joint name might help.
    6. Indian passport has spouse's name entered
    7. "Lease papers"
    8. "Medical insurance papers with name of the spouse"
    9. joint tax filed as additional proof.
    10. Her H4 stamping etc can be a proof too

    I am now trying to come up with a affidavit format that I need to send to some folks in India who attended our wedding and get those too... I will keep you all posted..

    Cheers!



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  • indigo10
    01-25 12:28 PM
    This is not an accredited university. It has SEVIS permission though.

    Great news. What will be greater is that not only these "students", but the people who employ them, the people who run the "university", the ones who gave accreditation to this "university" should be all loaded in a ship and dropped-off on a hitherto uninhabited island in the south pacific, with a live stream of their life made available post drop-off.

    They can all happily screw each other on the island.

    BTW, let one of the right wing radio shows get a hold of this news, we will not hear the end of this. The next logical step will be Steve King professing an end to F1 visas.





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  • myvoice23
    07-20 07:27 AM
    Hi all legal eagles, advice please

    My case is quite complicated. Here is my situation.

    (1) Applied for I-485 (Adjustment of status) in July 2007. EB2-India category, PD March 2006.
    (2) Wife missed the bus when I applied for I-485. Her papers were not ready at that time.
    (3) Changed job utilizing AC21. So no more H1 status for me. Working on EAD in a new company. Living in US on a pending I-485 status.
    (4) Sent wife to India so that she will not stay in the US on an invalid H4. (After I quit my company, I assumed my H1 and my wife's H4 became automatically invalid because they belonged to my previous company. In any case those H1/H4 have expired too now.).
    (5) I was planning to call wife on a visitor visa. We planned to apply her I-485 once she is in US and dates become current for her.
    (6) Suddenly, my PD is current as per the latest bulletin!! Totally unexpected!!
    (7) Wife can't come back to US on a short notice on a visitor visa because of many pending tasks back at home.


    Now the big question is, is it worthwhile to apply for my wife's I-485 in India through a consular processing route? My understanding is that consular processing does not provide the benefits of EAD and advanced parole. So my wife will anyway have to come to US on a visitor visa. So we may as well apply her I-485 in US itself. At least then our applications will be processed together and she will get the benefits of EAD. And if there are any immigration interviews we can go together too.

    But the risk in this plan is that
    (1) By the time she is back in US the dates may retrogress again.
    (2) Worse, my GC may get approved this month itself, before my wife even has a chance of applying her own I-485, cutting off my wife's chances of getting a dependent GC based on my GC forever.

    Now my hunch is that risk no. 1 is a low risk. Either the dates won't retrogress again, or even if they do, they will move forward in October again. So we can live with that.

    Risk no. 2 is a bigger risk. But can USCIS take a decision on my I-485 petition so quickly. I don't think so. But if it does, then we lovers will be torn apart.

    And lastly, has anybody ever heard of "Follow to join" procedure? What exactly is it and can we utilize it to our benefit?

    Common man. .You already aware of that your wife's apps are not ready for I-485. Is this USCIS mistake and you says cruel system? It is your problem when you got the opportunity to not utilize it. You might say some another reason to excuse your self. Don't blame USCIS for everything man.



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  • saurav_4096
    01-04 02:59 PM
    wow...
    Guy will get better tax benifits if he can claim both as dependent...

    How he is going to file a joint return..., I dont think turbo tax support it...





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  • dreamworld
    09-27 10:35 PM
    I received an RFE from NSE on Sep 2nd week asking me to prove that I have 5 years of experience after completion of degree.

    Country: India
    Date of Joining with current employer : Jan 2006.
    PERM Filing/ Approval Date: Aug 2006.
    I-485/ EAD filing Date: July 2007.
    I-140 RFE received date: Sep 2007.

    The RFE reads as follows.

    ---------------------------------------
    "Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
    If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
    ---------------------------------------

    This is my history.

    I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
    I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
    But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.

    I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
    I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.

    The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.

    Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.

    My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.

    I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.

    Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?

    Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow

    enggr... First Welcome IV!!! The great place to meet like minded people.

    If your supplementary exam is required for your degree then your graduation date is June 2002. if not then you are safe. First of all..Course completion certificate is not a degree. You have to complete all the requirements to get a degree.

    Converting to EB3. I read somewhere in the forum that PERM does not allow to change from EB2 to EB3. You might need to reapply.

    In any case, You need to respond to RFE with a good business case. and go for the next step.

    Good luck buddy.



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  • file485
    01-08 03:09 PM
    Hello all..

    In what circumstances does the USCIS issue a H1B approval without the i194 reciept in the bottom..?

    that will be a worse scenario if we have to leave the country and face that stupid Madras embassy(my worst nightmare..) for the H1 stamping...!!

    I don't want to fall from the pan into the fire..!!

    I think in these cases it will be an Change of Status situation..

    pls post your comments...





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  • optimystic
    10-23 02:27 PM
    If thats the case then why don't they move the PD forward. EB3-I is stuck in 2001 since last 3 years and its not moving forward at all. How can we get some help here, ombudsman?

    After waiting in limbo for so long....even an RFE sounds like sweet news :) . I am hoping its about something simple like Employment verification or something (My company is Fortune 100 , so I don't think it would be about ability to pay). And hoping there are no other delays on the way (like Namecheck etc)

    So at last they opened my case. I hope the RFE gets resolved soon, before the dates retrogress or become 'U'. As of now my PD is current in Nov as well. So crossing my fingers!

    I hope that other EB3-I cases stuck in 2001/2002 will start getting picked up soon as well and approved. All the best to you all.



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  • lazycis
    12-18 11:02 AM
    This is not to oppose your message - I am just trying to figure out where these arguments comes from because I don't think I believe in this whole fraud thing. AC21 is meant for one to change jobs after working for the original sponsoring company for 180 days. Also, there are no clear guidelines stating that one must inform the USCIS - so what will this fraud be based on? How can one be committing fraud if there are no guidelines to tell you what is considered fraudulent? I think one is fraudulant when one actually violates some set rules etc. I don't think the USCIS can have a basis for suspecting someone of fraud when they don't even have a definition of what may constitute fraud in this case because of the lack of guidelines. Plus, I have never, ever heard of anyone be denied or suspected of anything like this during citizenship, I just don't believe this is a factor AT ALL. I see these comments a lot and they just don't make any sense to me. To me, it is like breaking a law that doesn't exist. And you say one may be "suspected", well, suspicion is just that, suspicion. The USCIS needs to show proof that you intended to be fraudulent and for as long as there are no AC21 guidelines that tell you that you must inform the USCIS upon invoking AC21, the USCIS will not and cannot have a case against you.

    I agree with you. It's not required by law to file any AC21 papers so the USCIS cannot do much. Also, the green card cannot be revoked after 5 years so by the time you apply for citizenship, the USCIS cannot do anything bad to you. Worst case, they will ask about it during the citizenship interview so it's a good idea to keep your employment offer handy. But it's very unlikely and I really doubt they can deny your citizenship based on this. That's why I see no drawbacks in not filing AC21 and no benefits in filing it if you know that I-140 won't be withdrawn. My advice would be to take an employment letter from current employer and keep it in case the USCIS asks for it. There is no need to cause troubles for yourself by letting the USCIS know about it.





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  • sairam
    07-02 03:10 PM
    We spent approxiamtely $4000 not including the filing fee which is another $1500 approx.

    This $4000 includes, Attorney fee, Medical exam fee, Flight tickets to attorney office, Mailing charges etc.



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  • webm
    10-24 03:27 PM
    Thanks for the pointers.

    In my case I don't even know if it is namecheck that is blocking my case. So far my guess is that it was just the huge deluge of July 2 applications under which my application got stuck. But now that they have opened my application and mailed an RFE on Oct 22, at least I know that some IO is processing my case. Right now I am eagerly waiting for the RFE details. My law firm(FDBL) has not received it yet. I am pinging them every other day.

    To answer another question from another poster, yes, I have been with the same company since 2001.

    Sorry! to hear about RFE..I hope your RFE is simple to answer...

    Let us know more details if you get it.

    goodluck!!!





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  • yabadaba
    06-05 09:36 AM
    I am not sure. Here is what my opinion is :


    I think he posts spicy messages on his forum to market himself. He uses strong language against USCIS to gain support from his prospective clients.

    Has he ever stood up for immigrants other than writing strong worded posts? Give me examples as I do not know any? I may be wrong in my assumption.
    what does that have to do with anything?

    the title of this thread is "Ron Gotcher's take on VB." Its what he thinks on a forum hosted by him.

    a lot of these lawyers post "spicy messages." Its marketing in the 21st Century. He did not say that its grounds for a lawsuit, a reader of his forum asked him the question and he said he didnt know and the july bulletin would clarify things.

    A majority of the attorneys dont do anything for the EB community. the few that do attend rallies or do the ask questions type of conference call arent really serving the community. They are doing the same thing that Gotcher is doing. I am not defending him by any means. i myself had issues with some of his posts that I feel were directed at getting more traffic to his website, but this thread was about his impression about the july bulletin. With the lack of interest at predicting VBs, this is at least something to discuss.





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  • gc_on_demand
    06-12 11:05 AM
    It must have started.. Its already 11 AM. may be not on C_SPAN





    rajakannan
    06-26 08:56 PM
    I understand that there is lot of fear among applicants that USCIS might retrogress the dates interimly sometime in july due to the expected high volume of applications filing in the begining of july.

    To minimize the chance of USCIS from taking any such steps, shall we all unite and file the applications on a specific date in july probably on 30th of july? This will accomodate all applicants...so that we shall all be winners and use this opportunity to our advantage instead of competing amongst each other...where only a few will be winners and others will be loosers.

    This will also reduce the pressure among applicants , attorneys and doctors.

    Can the AILA cooperate? Will there be unity amongst applicants to make this possible??? any ideas ??





    gc_maine2
    12-28 03:32 PM
    Very good point logiclife. what happens in this following scenario when 140 is approved and when 140 is pending.

    Person X has completed 180 days after 485 filing, used is 6 yrs of H1 and now he got a 3 yrs of H1B from the same employer. If this person uses AC21 & EAD and joins another company and after 1 yr his 485 is rejected for wrong reasons, will this person be out of status(since used EAD) or will be in status since his H1b is still valid with the old employer (Assumed the employer has not revoked). Will it be safe to come back to the same employer.

    Thanks
    Sree


    No, you can use H1. But if you go to new employer, of course you have to do an H1 transfer to new employer.

    AC21 portability can be used with either forms of work authorization : H1 or EAD. The important thing is to do it after 180 days of 485 filing and to do it after 140 approval.

    You can start working for new employer on EAD, or you can use AC21 (without using EAD) by applying for H1 transfer to new employer and working for new employer as soon as you get receipt notice of H1 transfer.

    H1 status offers a backup plan in the sense that if your 485 is rejected for wrong reasons, you can appeal the case in office of administrative appeals and fight it out and stay here on h1 while you fight it out. Your H1 status you have at that time of 485 rejection and its validity is unaffected by 485 being rejected. But if you are on EAD, and if your 485 is rejected, then your EAD is invalid and you are out of status, you cannot switch back to H1 from EAD and continue fighting the rejection of 485 thru appeals. You have to go back.

    H1 offers a backup plan but the disadvantages are that its more expensive to do for employers and so many employers will not prefer you. It costs between 1600 to 2400 for employers to file H1 transfer and bring you on board, plus lawyers fees needed for filing H1 transfer. EAD is easy, you dont need lawyer and your employer has nothing to worry or deal with. So you will have more options when using AC21 if you use EAD as your work authorization rather than H1. Besides, H1 extensions and transfers are a headache. EAD extensions are easier and they can be done by yourself without the need to get anything from employers and lawyers.



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