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  • anilkumar0902
    09-14 01:33 AM
    Filed I-485 on July 31,2007. Checks cashed on Sep 10th and received Receipt Notices for me and my wife through the attorney yesterday. I am in the EB-2 category with PD: Oct 2005.
    However, on both of our I-485 receipt notices, the Category shows up as "Unknown" ...Has anyone else faced any such thing...

    Please advice.





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  • coopheal
    04-13 08:14 AM
    Hi

    Only My wife has got a medical RFE.
    It talks about going to original civil surgeon and getting a TB test again and a Xray.
    Did you face a similar situation as ours?
    If yes can you throw some light on how to proceed.
    I cannot go to the same surgeon since I live very far now.
    Also worried why they have generated this RFE when I had submitted everything properly!
    Anyways any guidance provided is much appreciated.

    Thanks

    Yes we have received a similar RFE and can no longer go back to original civil surgeon. USCIS is very anal about TB test so if they don't get correctly documented result they issue an RFE. As per my lawyer many people are getting this type of RFE.

    We went to a local civil surgeon and got whole test redone. Our civil surgeon did a physical but was able to get most of the vaccination records from last medical test. My suggestion will be to check with your local civil surgeon how he is willing to proceed. Most civil surgeons are not comfortable with signing documents for which someone else and would do the test again.

    From what I learned from others is getting whole test done and submitting is fine. I am still in process of submitting my paper work for RFE so can not tell you USCIS's reaction for the same.

    Bottom line is don't worry too much about this. but hurry up in getting an appointment with local civil surgeon as they have limited availability. :)





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  • ingegarcia
    06-17 04:42 PM
    I do not think this is standard. I worked for a consultant company for 7 years and never saw an agreement like that!!

    The only major issue I see here is "Reasonable notice period"? what is considered to be sufficient notice period? If they say it is 2 weeks, then I dont see a problem in that. Most companies would expect that you provide them with atleast 2 weeks notice before leaving employment. This is normal. But without specifying anything of that sort, it is scary. After you sign the agreement, the company might come back and say, the sufficient notice period is 3 months, Then you are screwed. So, clear those things up.

    As far as the accuracy is timesheets are concerned, those are pretty much standard language. Since you will get your timesheet signed by your client manager and always have a copy of this timesheet, you will be safe. Also, tranfering your billing is always part of any non-compete agreement. Not just with Desi consultants.

    So, the only thing I see is the broader scope of the reasonable notice period. IF you can get that cleared and have the number of days of notice period expected in the agreement, you should be ok.





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  • WAIT_FOR_EVER_GC
    07-08 10:57 AM
    Did you send photos
    Hi,

    I self e-filed my EAD application and the Receipt date is 6/7/10. They called for Biometrics which is done.

    I got an email saying that they have sent a RFE. Waited for 10 days, still no signs of RFE. When I called USCIS, they asked me to wait for 15 days. When I called after 15 days, they created a Service Request to re-mail the RFE. Now they say, I have to wait for 45 days. When I asked them if they will extend my deadline to reply to the RFE, she said she doesn't know.

    Has anyone been in this situation ?

    What kind of RFE will they send for an EAD extension.

    I sent my 485 receipt and a copy of my EAD when I e-filed.

    How many days do they usually give to respond to the RFE ?

    Any feedback is appreciated.

    Thanks.



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  • Bpositive
    05-22 05:20 PM
    Don't import ze wife.





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  • akred
    06-17 05:11 PM
    Here is one of my friend in the similar situation planning to do. He is filing 485 without any medical exam. Certainly, he is going to get query and after query you have 40 days (double check this number) to reply. So, he'll get some time to go and do wife hunting.

    Medical exam is considered part of "intial evidence" for the I485. If your friend files without the medical report, his application will be rejected without an RFE.



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  • poorslumdog
    03-18 12:03 AM
    Let them inform. Logically nothing should happen. The company wants to be in the safer side by informing USCIS.

    Since you are in EAD, take unemployment and enjoy life. Hope for the best and get ready for the worst.

    My company laid me off in one day without thinking a H1B guy has to leave the country immediatley. I asked them to buy my car, furniture and appartment lease as an obligation for fair value. Because of that i got 2 weeks more time to think over. Anyway they are not going to pay. Did you ask the company to pay you a return airfare to your country. If you ask, they will need time to research and you will get more free time.


    This is completely wrong. Once you are in EAD and got laid off...you lose your status. There is one more thread in this forum where one guy applied for unemployed benefit in EAD, in a weeks times the ICE was coming to his home and severed the notice to appear in the court. That guy started the thread and every one bashing him for applying the unemployment benefit. But he later came to know that his employer notified the USCIS that he got laid off during EAD. So he lost his status and they wanted to deport him. I am not sure about the outcome. He is here in only in the IV. That thread was created in the last 2-3 months time. So search for it.

    There is definitely some legal implication otherwise why your employer wants to inform USCIS. They wanted to be in the safer side. So if anything happens you are the one going to face the music. So check with some good attorney.





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  • pd_recapturing
    10-19 06:08 PM
    Okay. I was able to talk to my attorney just a few minutes ago. He said, to do interfiling , you do not need to have PD current based on new I-140 as this is just a case update with new 140 information. He said that in any case, your 485 will be picked based on PD. I found him very very confident when he was telling me all this info to me.



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  • jnicklo
    04-18 12:06 AM
    :thumb: :thumb: :thumb: :thumb:





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  • brkl1935
    04-04 08:52 PM
    Very appreciate for grate enthusiasm



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  • anilsal
    12-03 09:54 AM
    I said I will get stamping done before I return from India for the first time. That way the action of getting I-94 at POE upto Feb28,2007 by official does not arise.

    I just want to tell the community that such issues due to "Last Action" can arise and we need to be aware of them. ;)





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  • silverstone
    05-03 11:11 PM
    I listen to this guy everyday on my way back from work. He is a very unpredictable guy. I haven't heard him say anything for or against Indians. However he is very anti-latino and anti-chinese. He even doesn't want the chinese students coming here. He has said several times that this country is being run over by legal and illegal immigrants.
    I have thought about calling him several times but firstly he is difficult to get through to, secondly he may not comprehend that legal immigration is beneficial in more ways than he ever imagined. He is a very egoistic person and insults people who don't agree with his ideas. He is also jealous of others (competitors). He openly said that he took pleasure in Rush Limbaugh's arrest recently on prescription fraud. He declared that it is the end of Rush's radio show.

    Personally I don't think we are going to gain much talking to him. However I have a suggestion. We can try calling him and just ask his opinion about high skilled legal immigration without mentioning a word about who you are, or about IV, or illegal immigration (which might irritate him).



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  • uma001
    06-18 04:01 PM
    Uma001, My labor mentions Bachelors plus 5 yrs of exp., I am not Masters. 60 months exp. is written on my Labor and so thats what the RFE is about.

    Any thoughts ?

    Optimist/Desitechie/Frostrated, Your comments are much appreciated. Thanks

    So that means you have 4 more years of additional exp before PERM filing. But USCIS did not ask for those letters.





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  • BharatPremi
    12-09 02:33 PM
    and 2 years exp. listed. Why does EB2 require 5 years?. The Job description that was included during my LC had masters plus 2 years exp DOL audits have increased for small companies for sure

    It was my bad, yes you are right..(Master + 2 or Bachelor + 5), And as wandmaker suggested nowadays "coma or full stop" is also audited in strict manner.



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  • narentilwani
    03-05 02:00 PM
    I believe my situation is a lot similar to man-woman-and-gc except maybe that I am single. This is what I have achieved so far after sticking to Company A for 4.5 years (this one was pretty big in size; so didn't have to worry about any paperwork):

    1) I-140 approved in August 2008 (total of 198 days till date i.e. March 5th 2009)
    2) I-485 pending since July 2007 (USCIS receipt date of September 29 2007)
    3) EAD valid till October 2010
    4) H1-B valid till October 2010
    5) PD: Feb 2007

    However as a preemptive measure against any potential layoff from company A, I have started looking around. I am preparing a checklist of things that I have to inform the other companies (say company B) so that the transition is smooth. The 2 main things I can think of to talk about with any potential employer are:

    1) I DEFINITELY want to maintain my H1-B; so they will have to transfer it. I will be pushing this to make sure I have the flexibility to get a dependent at any time

    2) They will have to help me MAINTAIN my GC process. For example any minor changes in the position requirements to show that the job is similar or same. Thats one reason I am primarily looking at similar work profiles

    I would GREATLY appreciate if someone from this thread can point me to any location or list out the things that I should be extremely careful about or notify to both my previous employer and the future employer to avoid any future pains in my GC process. A few things that I remember are as follows, but please provide more information that may be missed out here:

    1) Do I have to ask Company B to apply for anything relating to my GC? I want to make sure that they know and agree to all costs associated with the paperwork? Dont want to end up paying from my pocket as I have heard in a few cases before

    2) I believe since my I-140 is approved for more than 180 days or actually my I-485 being filed for more than 180 days, I am allowed to move, correct?

    3) Since my I-140 is approved and I have an EAD, can USCIS/Company A cause it to be revoked? OR it doesn't apply to my case?

    4) Do I need to ask Company A to maintain anything? Or just keeping good relations with them is enough :)

    Thanks a lot to everyone in advance. Please let me know at your earliest convenience as you never know when opportunities come knocking at your door. Its better to be prepared ;)





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  • Munna Bhai
    12-18 04:18 PM
    more often then not, they will make a mistake. Then you have to pay the USCIS to fix their own mistake by filing MTR. Not to mention unnecessary stress... That being said, everybody has different risk tolerance.

    With so many people changing jobs using AC21, not only IO, everyone in USCIS will be aware of it. Let's discuss something other interesting topic rather when 180days start/end.

    IOs will see your I-485, use some calculator/software to find out of 180days and then say pass/fail. End of the game.



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  • nrk
    07-20 10:43 AM
    What is EB2-I please can you clarify. I am thinking EB2 is single entity.





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  • guyfromsg
    09-18 11:15 PM
    I was in DC yesterday and today and it's a life changing experience. It was very well co-ordinated. Thanks to all the people who showed up. Three cheers to nixstor, Arun and the local team who had the difficult tasks of getting permits, co-ordinating with local authorities and everything went according to plan..Since I had lobby meetings in the PM had to leave early. They still had pletny of work to do. Their hard work paid off...

    Nicely done :)





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  • karthikgk
    06-13 01:34 PM
    You have to stick to Software Engineer field in order to take advantage of PD recapture. If you move to Business Development using MBA than its hard to justify same or similar. Find a new job which requires EB2 and show BS+5 to qualify.
    Hope that helps!

    Thank you guys! The answers help but then it doesn't too ;) I mean, not that you guys can do anything about it.

    Every waking minute I am wondering if all this wait it even worth - sacrificing our professional careers and our life in India, especially when the opportunities are plentiful back home. But then, I made my bed ;)





    rsayed
    02-22 10:56 AM
    http://www.washingtontimes.com/national/20070222-121742-6247r.htm

    ...I don't mean to sound skeptical, but it is my firm belief (after watching the series of events over the last 8 months), that nothing is final till it's final.

    Though, this kind of encouraging news pops up every now and then in the media - we have to (as part of the IV group), work toward getting our provisions passed in whichever Immigration Bill that is on the floor for discussion.

    It's surprising that IV is the only group representing the "highly skilled group" and though 100s' of thousands have been affected by the "retrogression" phenomena, we have just about 9000 members...

    Let's hope something concrete gets done, this year!

    Hope 2007 is the year which puts to rest all the uncertainties we face...





    vnsriv
    03-03 10:42 AM
    Thanks for starting this thread. I had completely forgotten about my passport expiring in Jun 2008. I have a question. Is it mandatory to fill name of spouse on the renewal form, if you are married. Let me know.

    Thanks



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