Thursday, June 23, 2011

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  • vhd999
    02-04 06:27 PM
    I guess it does not matter...I have sent USPS envelops.





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  • Vic
    10-11 12:12 PM
    Hi everyone,

    I received an RFE for my I-140 application from the Nebraska Service Center around the requirement for my Master's degree. I had completed all the necessary course work in Spring 2003 and have official letters from the director of the dept stating that I have completed my course requirements and will graduate in 2003. As luck would have it - there were major administrative delays and I finally got my degree in 2006.

    My lawyer is concerned that in responding to the RFE - I might get a denial since the requirement was a Master's degree. But I have letters and on my official transcripts - it clearly shows that the last course work I attended in school was in 2003.

    I am confused and feeling helpless since I am afraid that I will get a denial and will need to restart my entire process from scratch.

    Has anyone been in a similar situation and gotten past it OR does someone have any ideas on how to get around this and come up with an RFE response that will get me the I-140 approval (EB2)?

    What makes it worse is that I already have the AP and EAD documents for myself and my spouse approved in hand.......and am hoping that I do not go through this ordeal all over again - this is the 3rd time I am going through the entire process - the first two times was because of company layoffs.





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  • mrane1
    07-18 04:23 PM
    Wow!! never heard of such a thing!!





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  • horscorp
    02-09 06:56 AM
    Thanks a lot. I understand the process better now.



    Horscrop,

    Yes, it is possible that USCIS would reject the extension because the PERM was not filed 365 days before the end of six years. However, a rejection on this basis is clearly contrary to both the language and intent of AC21, and I believe, could be successfully challenged on appeal.

    Ann

    PS-Am enjoying all the snow---so beautiful and peaceful.



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  • MerciesOfInjustices
    02-12 01:12 PM
    Great article! Surely, it must have gotten John Miller atleast thinking what is going on in the US! What he has called a faster process in the US takes atleast 8-10 years since arrival in the US!
    I am going to e-mail him, and would like others to do so too! Let us tell them the truth!





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  • Aah_GC
    06-25 06:21 PM
    You are good to go. For your own satisfaction browse through some of the knowledge bank in this website and answers for similar queries.



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  • thesparky007
    04-24 07:13 PM
    k-mannnnnnnnnn!!!!!!!!





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  • fcres
    07-26 10:02 AM
    Documents required for EAD/I-765 per person:

    Completed Form I-765 (EAD):
    http://www.uscis.gov/files/form/I-765.pdf
    2 photos(full frontal)
    USCIS filing fee - $180.00 check payable to 'United States Citizenship and Immigration Service' OR 'USCIS' with your (A# or SSN#) and I-765 mentioned in the comments section of the check
    Copy of recent I-94 card (both sides)
    Copy of visa page of passport in color
    Copy of driver's license
    Copy of I-485 receipt notice (if applicable)
    Copy of I-140 approval notice
    Copy of Marriage certificate (if applying for spouse)

    I also included the latest H1B Approval Notice and Birth Certificate as per the checklist by my lawyer. His fees was high so I filed couple of weeks back and got the Receipt Number from the back of my check.

    Since this is not concurrent filing, i think the fees will increase on July 30th.



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  • JunRN
    07-16 10:43 PM
    Please enlighten me. What constitute a proof of immigrant intent?

    Filing of:

    1. LC
    2. I-140
    3. Medicals
    4. I-485

    etc...

    I am confuse. Please explain.





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  • avi101
    05-31 06:55 PM
    From what I remember from my earlier readings, you should be fine. The most they may check again is your employer letter to see that the terms of greencard continue to exist i.e. permanent job with similar job duties as in Original labor.

    Also, check the AC21 and I485 forums in immigrationportal.com for more experiences.
    http://boards.immigrationportal.com/forumdisplay.php?f=121

    Good luck.



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  • lostinbeta
    09-10 02:14 AM
    Hmm, odd, I don't think my footer uses up too much processor power and it uses everything you said not to use. Haha, oh well, I am not complaining.

    I still need to get my hands on a copy of Illustrator. I have used it before and it is great! Just gotta save up...............





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  • bskrishna
    04-09 12:45 PM
    you have had one heck of a journey.
    Enjoy !



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  • ashkam
    10-16 01:27 PM
    - 485/765/131 submitted in Aug. Receipts are in with Oct 1 as the date. Why would they mark a date in October on the notice even though they physically received the applications on Aug 15th?

    There should be two dates on your receipt notice, the receipt date : august and the notice date : october. If both are October, you need to contact t he USCIS.

    - Should I be receiving an EAD 90 days from Aug 15th or Oct 1?

    Aug 15

    - My H1 will expire by the end of the year. Should I be concerned? Do I have to do anything if I receive the EAD before it expires? Assume a case where I get my EAD approved and for some reason, my wife who is on H1, fails to get her EAD before the end of this year. Do I have to file for her extension, or take some other action?

    You should be getting your EAD by then otherwise you have to extend your H1B if you want to continue working. Once you get your EAD, update the form I-9 with your employer. As to your wife, you have to do nothing.

    - When can a person safely switch his/her employer? 180 days after filing the application or after receiving I485 approval?

    180 days after filing ( receipt date)

    - Can a spouse work on the basis of the receipt notice from USCIS, or does she need to have the EAD approval?

    She needs EAD approval and the physical card present with her

    - How long (currently) would it take to receive the Green Card in hand? Are there enough numbers available with USCIS to allot GCs to almost everyone who qualifies?

    No idea.

    - Would I get the fingerprinting notice directly or would my employer receive it?

    You will receive it

    - What other formalities would be left after (assuming) 485/765 are approved?

    Wait for the green card

    - Does anyone know of a good site that shows a workflow of all these stages in a Green Card process?

    Here (http://www.ilw.com/seminars/august2002_citation2b.pdf).





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  • vikki76
    07-19 03:49 PM
    Translate yourself and get it approved by a friend/colleague who knows your written native language and English.
    Theory behind translation service is this- It is an open document, so whoever translating can not lie. If I translate incorrectly from Marathi, 100 other Marathi speakers or a Marathi literati can easily point that out.
    Something like our public key , private key encryption :-) :)



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  • priderock
    05-15 02:13 PM
    Thank you, priderock!!!
    You mean I have to ask somebody to mail me the new extension when it is approved, so that I will not have trouble at the port of entry? Can you check how long your visa stamp valid? Since I have made an interview appointment at US embassy in my country in early June. If it only lasts to June 30, I will cancel the interview. Thanks again.

    But you need a valid visa stamp to re-enter.
    1) What is the validity of your current visa stamp ?
    2) When you applied for visa extension , what is going to be the validity of that visa ?





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  • texasguy
    06-15 08:58 AM
    Hi All,

    Will we run into any problems for GC replacement since we do not have a photocopy of our GCs? We have photocopies of the approval notices. We know our alien number and SRC numbers since they are the same as listed when we apply for 485. We are hoping to get our passport stamped after we get our passports.

    We are hoping to show our tax records as additional proof.



    Thanks for all your help.



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  • pagalForGC
    06-17 12:43 PM
    Thanks Veni001, I had similar question on premium processing for 1-140, which I believe has been stopped by USCIS since last couple of years.
    Also, bnaredla1382 mentioned that he/she has H-1B and is currently working on H1-B, is that a requirement? I do not have H1-B any longer and have been working on EAD since.

    Thanks...

    My PD is nov 2003 and now I am planing to port my EB3 to EB2.
    I need to know the process to do it.
    My previous EB3 is with my old employer.
    My I-140 approved from my old Employer and applied I-485 in july 2007 and
    later in may 2008 I moved to my current company using AC21 and I applied for H1b also.
    now I working 6th year on H1B.
    And Here are the questions, if I file new labor have:
    1). how long will it take to approve?
    and once labor approved, for I-140
    1). Am I eligible for premium process of I-140.





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  • n2b
    04-17 01:41 PM
    I am currently on EAD and used AC 21. Just in case if I suspect that there might be some issue during final I 485 approval, can I have my company apply for my H1 transfer before I 485 is approved?

    If I do so, what will be the status of the I 485 application after H1B transfer?

    This is a bit confusing question to answer but if I apply for my H1B transfer now, what will be its validity date?

    All help appreciated. Thanks all in advance.





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  • permfiling
    10-20 11:56 PM
    Thank you Prashanthi for your reply.

    I have a letter (it's in email format) that shows my lay-off is because of "lack of work". However, this letter is for the time before my GC was approved. I suppose that I need to get a letter from the company dated sometime after my GC approval date in order to present that in the time my citizenship process to justify that the job offer was not speculative; right?

    That might also possible to get a letter from the company that shows they are willing to hire me in case there's a new project; thanks for your comment on this.


    I think as Attorney Prashanthi mentioned, uscis might consider the current economic situation as well but b/w now and 5 yrs uscis might have updated laws too.





    harlyharly
    06-25 06:12 PM
    Any updates on the RFE? wish you have solved problem. Realy want to hear about it cause I am in the same hot water now.

    Friends,

    This is my first post.Any inputs would be highly appreciated.

    My PD is jun 2005 (EB3) and i submitted my AOS in jul 2007. I got laid
    off from my company on March 13 2009.My company lawyer told me that
    they wont send anything about my GC application but they will have to
    send notification revoking my H1B to USCIS as per the law. I guess
    this could have triggered my RFE. I applied for EAD immediately as an
    AOS applicant and got it on march 31 2009 ( for 2 years)

    I recently got an RFE asking me to re-submit G-325A ,Current
    Employment verification letter and proof of employment after march 13
    2009 ( this could be my EAD,I-797C for EAD or I-94: further confirms
    my suspicion about revoked H1B triggering RFE). Right now I don't
    have a job and it doesn't look like i will get any before may 31st
    2009 (the deadline for answering the RFE). What are my options?Here is
    what I read and thought

    Option 1:I have an EVL from my last company dated march 2 2009.Can I
    send that ?In my G-325A I would though need to mention the exact dates
    with no present employment.Can it lead to automatic denial and make me
    illegal? Should this be an option? My assumption here is that the RFE
    is just to complete the documentation and that the case will be
    adjudicated when my date becomes current.Before that I should be able
    to get a job and send the paperwork.

    Option 2:I also read on Internet that I can send a future intent of
    employment letter/good faith letter from a consultant/company saying that they will hire me in future. Does this or can this work? If so what could the
    possible language of that be? This can give me time till my date
    becomes current (which should be good enough to find a new job) .

    Option 3:I talked to a consultant and he is ready to give me a EVL .
    For this he would need to put me on his payroll ( obviously at a big
    cost) .He said that i would have to be on his payroll for atleast 3
    months( so that he is safe).This way i get EVL.Cost is too much and difficult since my income is current not there .

    I really don't know anything beyond this. I would really appreciate
    your opinions on the feasibility of these options or any other ones
    that might exist. Right now I am lost and dont know what works best
    for me.

    To maintain my status is filing COS(I-539 ) for B2 (tourist) a good option?

    Thanks and really appreciate any input.





    hejilac1224
    09-13 03:41 PM
    Has you h1b finally been approved? I' m interested to what happened next as I am now on the same situation. Thanks and GL.



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