Saturday, June 11, 2011

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  • veni001
    06-22 02:44 PM
    Make sure your LCA and H1B will be amended with the promotion first....

    I have been working with my current employer for the last 5 years in job title
    A (Software Engineer), which wasn't qualified for EB2. But now I will be been promoted to a significantly different job title and responsibilities B (Research Scientist), with the same employer and The requirements for that position are a Masters degree with
    one year of experience. Does this qualify for a EB2 ? Does EB2 require managerial
    experience i.e. should you be managing people or is that not a requirement? The employer will later file for a PERM labor in EB2.

    For the purpose of EB2 labor for the new position, I need to show 1 year of
    work experience.

    Question: Would I be able to use/show the work experience I
    gained when I was working in job title A with the same employer? i.e. Will I
    be able to use on-the-job work experience that I gained before I was promoted
    to the new position? Remember, the current job title B (for which EB2 labor is
    being filed) and requirements are significantly different from the previous job
    title A and requirements (which only qualified for a EB3). Have anyone got their
    labor approved in EB2 with work experience from the same employer? Are there any
    USCIS published documents that coult clarify this?

    I have my I-140 approved in EB3 and I have also filed for 485. Assuming the EB2
    labor certification gets approved, could I re-capture my EB3 Priority Date? If so,
    what is the exact procedure for doing that?

    Is the attempt to process my labor in EB2 completely independent of my
    existing EB3 labor and I-140? Will a denial of EB2 labor affect my existing
    EB3 approved labor and I-140?

    Thanks much for your time in helping clarify this.





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  • mantagon
    07-22 04:22 PM
    The attorney and Roseball are correct - maintaining H4 status and working on EAD are mutually exclusive!

    Your options are:
    (1) Do not extend your H1. Contiinue working on EAD. Your status will be AOS.
    (2) Convince your employer that if you don't extend the H1, then in the event that your I-485 is denied for some reason in the future, then you will be immidiately out of status and cannot work thereafter.

    Hope this helps!

    I am currently on H1b visa and have filed I-485 as primary. My spouse is also on H1B and is derivative. We both have EAD's but are still maintaining H1B status.
    My employer is reluctant to file H1B extension as there are lots of RFE's and client/vendor letter requirements and paper work he does not want to do.
    He has asked me to change my status to H4 and work on EAD.

    Can I work on EAD without filing H1B-H4.

    or
    After the new memo regarding unlawful status, it is better to file H1 to H4 and continue working on EAD for my employer.
    Will this affect anyhow on my chances of approval of my AOS?



    Appreciate your response.





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  • GCWhru
    09-18 02:08 PM
    It is very surprising to see many 2004 numbers still pending. I know 2006 cases were processed in high numbers, but didn't expect these many 2004 pending cases.





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  • Ramba
    03-22 04:25 PM
    In worst case, if 202-a5 was eliminated, do you thing EB visas will be diverted to FB? Will A3 give any protection to EB catagory? 202-a3 will give more protection for FB class due to 10 to 12 years of backlogs in 4th preference FB catagory? If so, it tottaly violates the quota in EB and FB class and there is no meaning of preference level.



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  • Pankaj
    10-02 09:02 AM
    My Employer had not paid me for 5 weeks. Yesterday, I filed the complain to DOLI, VA. Lets see how it would go. I would recomend, if you have waited so long to get your salary dont get affraid to file the complain. It might be slow but definate success.

    Other experince people can provide more information on this matter.





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  • optimist578
    01-19 12:31 PM
    I have observed, based on stories from different people that NSC sends RFEs when one tries to upgrade a non-premium I-140 case to premium. Does NSC send RFEs for premium cases? Till now, I have only heard NO.

    No matter how hard I try, my lawyer keeps insisting that my case should not be upgraded to premium, because if an RFE is served, it might delay the case even more (implying, more than how long a regular case takes).

    The whole thing does not seem to make any sense. If an applicant files under premium processing, according to NSC, his/her application is more reliable (and honest?) than if some one who files it on non-premium basis?

    .



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  • lkrastogi
    07-16 11:08 PM
    My 140 was filed last week and I don't have the receipt number. Can I file 485 without I140 receipt number?





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  • rick_rajvanshi
    12-07 12:06 PM
    I won't worry about this at all as they have addressed this situation few weeks back here :

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5e0bc5afdc095110VgnVCM1000004718190aRCR D&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1 RCRD

    Moreover , I have found it easier to get hold of IO ( call center guy quickly handovers calls to IO ) when I call them to check for status on a my AP which is not appearing on the CaseStatus web site.




    Q : I have received my receipt notice, but when I check my case online it does not appear. How do I get my case added to the system, so I can check on the progress of my case? NEW



    We have had an unprecedented number of applications filed in the last few months. Our efforts to enter these applications into our systems have caused a delay in the transfer of information from our case control system to the Case Status Online system. We are seeing delays of up to three to four weeks between receipting of your application and its status being available online. We are reviewing solutions to resolve the situation as soon as possible.



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  • mambarg
    07-20 08:40 AM
    My attorney said e-notice is fine and applied.
    but in enotice it is written

    Please note that this e-mail message is being sent as a
    courtesy and cannot be used as evidence of nonimmigrant
    status. Nor can this message be used as evidence to procure
    an immigrant visa


    I am worried if my packages comes back after aug 17?





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  • newuser
    10-05 03:04 PM
    Grt. It proves a point that IV is not with holding any info like other anti website's do.



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  • jasmin45
    08-07 09:58 PM
    Hello members,

    I had a non-traffic citation few years ago, which got dismissed and expunged. I do not have any documents relating to that incidence. I don't even recall the charges. I did background check with Sheriff's office which showed no records.
    How should I present this on form I-485 (question about citation/arrest)?

    Could you be specific on this citation. Its always advisable and safe to show all citations recorded in the application. If you are not comfortable dropping in more information in this forum, talk to an attorney and seek advise on your specific case.





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  • fatjoe
    03-17 11:33 AM
    My husband recieved a transfer notice for his I-485 from TSC saying that the
    "Preliminary Processing of the application has been completed, and it has been transferred to USCIS office at Lee's summit , MO 64064. The office will notify you when they schedule an interview on the application."
    I am the primary applicant and I am on H1. My husband was on H4 and now he is on EAD. My PD is July-04. Is any body in the same situation as me and received such transfer notice. I am really anxious about this. Please let me know is it somethign to worry about and what I take for the interview when I am called.
    I will greatly appreciate any help with this.
    Thanks.



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  • eb3_nepa
    03-18 04:31 PM
    Visit your local INS or USCIS office. They should guide you through the process.

    On a lighter note, you will also experience their "hospitality".





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  • pappu
    09-10 11:20 AM
    Come to the rally and we will no longer have questions. Only answers and solution to our problems if the rally is successful. We can do post mortem later when retrogression is dead. (pun intended)



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  • laksmi
    01-10 12:03 PM
    Based upon the situation AOS you can move to different employer without invoking AC21, if the employer may not revoke I-140, just continue to work with H1B if it is valid and make sure you are employed, if you get RFE from USCIS make sure you have good attorney to prove that you have moved to new company and there by invoking AC21, you may not get RFE this could be worst case situation.





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  • lost_in_migration
    05-14 05:14 PM
    Yeah even I think filing fees could be an important aspect

    Thanks IV for your efforts on this. This is jsut personal, but I do find the timing too much of a coincidence. My thought would be related to the increase in filing fees aspect that will now net USCIS a goldmine in terms of huge filings.

    Is there a timeline we can figure out that would allow for most filings to go through at the old fee structure?

    That would net some savings for filers who have multiple dependents.

    Just a thought.....



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  • Hope_GC
    07-17 10:57 PM
    I am on the same boat.. My Wife is Expecting...Doctor filling I-693 form will file for exception.
    and we need to take the shots after the pregnancy and feeding.

    Today is a great day in IV history!

    We filed our AOS last week (EB3 PD Jan 2007). My wife is currently pregnant and so she could not take all the vaccinations that are required in the medicals. She did the other required medicals though.

    My question: Will this cause our applications to be denied? OR will they allow my wife to get the shots after our baby is born?

    Anyone with experience please help.

    Thanks in advance!





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  • vegasbaby
    10-04 12:14 AM
    Would greatly appreciate some advice regarding my fiancee.

    She is currently in the US on a B1-B2 Tourist/Business visa. This is her fifth visa and has visited the US a total of 10 times over the past 5 years, spending 1-5 months each time. She has NEVER had a problem on arrival at the airport, never been called into the room for questioning, etc.

    We are planning on getting married, but we need to make a trip to her home country for my work in the next few weeks for about a month. We were planning on waiting till 30 days after our return to marry and then to apply for her I-130/I-485 after that.

    We just had a consultation with an immigration lawyer who recommended that she does NOT leave the country, and that we should get married ASAP and apply for the I-130/I-485 now, wait 2-3 months and make our trip then. The lawyer thought that there was a possibility that she might not be admitted the next time she comes in if the border agent has even the tiniest suspicion that she is entering to get married.

    Although her previous B1-B2 visas were renewed each year without an interview, this year she was called in and they asked her some questions. She mentioned that she was doing some work for me in China, and that she would be staying with me in the US. She also put me down as her financial guarantee in the US.

    I understand the basics of dual intent, and would not want to compromise her ability to enter the country.

    Of course no one can know for sure, but would be grateful for some experienced advice about this. What are her chances of being refused entry when she returns? (Her visa is valid for one year, so it would be on the same visa she arrived here on this summer.) Would it be better if she arrived on a different flight than me? Or even better if she arrived on a flight to another city rather than the one where we live?

    Any suggestions or advice would be greatly appreciated. Thank you.




    I have to agree with the attorney here...B1/B2s visa are not much of a gain to USCIS. The beneficiary is not paying any taxes while in US. So there is every possibility of rejection/denial at POE. Best would be getting married while in US..The attorney's would have much more control if COS was done from US. Most attorney's would not be of much help when consular processing is involved.





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  • 140jibjab
    01-11 12:24 PM
    You wil need to Update your Biographic information(there is a form # for it) for your I485 application. It is not mandatory. But is adviced to do so. Why are you hesitating to update your I485 to drop your spouse?

    US consulate in India will not have the information regarding I485.



    Thanks So much for the Answers.

    Can you please answer one more Question?

    I m not updating the INS regarding the Divorce, when my new wife attaends the H4, she would show the Divorce and Remarried certficate to the Consulate is that good enough so that they would take care of evrything?

    Thank you again





    Anders �stberg
    March 3rd, 2004, 02:38 PM
    This is looking down the stairs outside my office, saw this for the first time today. I had the wrong lens and no tripod, so I just shot a couple to get a feel for the motif. This was the least blurry of the bunch - handheld at 1/6s isn't my strongest skill. :)

    What do you think, is this anything? It has been done a gadzillion times, but maybe one more is interesting? I'll go back this weekend when the place is empty, with a tripod, and get a bunch of different versions. Anything you'd advice in terms of composition, angle, lighting etc?

    http://www.interimlocation.com/fretnomore/photo/10d/pictures/misc/Stairwell_2673.jpg





    manderson
    10-25 02:50 PM
    should take 2 weeks



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