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dpp

10-25 01:22 PM

I would like to suggest that anyone in Indiana who can make it meet at the Starbucks coffee location in Westfield this Saturday.

This is at US31 and 146th Street north of Indianapolis.

I propose 11am.

Even if there are only half a dozen of us surely we can achieve more than as individuals.

Ok, count on me and will be there at 11:00 am.

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talash

12-13 09:19 AM

I had posted my 485 approval news ealier and it took a whole different direction .Hope for you .My 140 was denied for same reason .It was A2P and company didnt have auditted financial statements and hadnt filed taxes and to make things worse i didnt get (neither atorney) the denail notice till 25th day of denail .We filed MTR and the documents we sent were my w2s.my pay stubs showing that company had been paying me whatwas stated in LS .
I think you should always take a chance n file MTR with what ever possible documents u have and have a backup plan with new perm possibly with a differnet employer .we also sent unauditted financial statemnts with MTR .MTR was successfull and Thanks God 485 got approved too .
I found IV very helpfull for finding out how to file n what to send with MTR .
wish u luck

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jr8rdt

11-23 09:18 PM

How to get a notarized experience letter?

should the exp letter be signed in front of the notary (this can be difficult because the person is overseas)? or can I just give the copy of the experience letter to the notary for him to notarized it? what is the process? anybody??

thanks

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kunjirs

03-07 04:16 PM

MurthyDotCom : EAD Extension Delays - FAQs, Answers, Suggestions (http://www.murthy.com/news/n_eadmor.html)

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shishya

09-01 08:21 PM

Folks,
I had filed my I-485 in Oct 2008 (EB2-I, PD of May 2006) and moved in March 2009. I changed my address online and have a confirmation number for it. However, I don't think I have received a confirmation in the mail from USCIS.

I am trying to find out how to confirm if USCIS has my current address correctly on file. I tried to call in today and was told there is no way for them to confirm that on phone. The lady I spoke with took the updated address again -- saying she will refile for change of address and gave me a service ID that I could apparently use to get an infopass appointment 45 days from now.

Is there anything else I should/could do? Appreciate any input.

Thanks.

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bathuzp

11-10 10:39 AM

Hi All,

I had worked for a company from Feb 2006 to Feb 2007 on an H-1B visa. I had applied for an H-1B extension via that company as their software engineer. I was granted that extension. After Feb 2007, i started working at a different company.
I applied for an H1B transfer as a software engineer with my current employer on Nov 27th 2006 through a law firm in Michigan. And last year my current company applied for my GC process in October 2009 under EB2 CATEGORY but with the same designation software engineer [level 2 as suggested by our lawyer] .I obtained a Master’s of Science in Management Information Systems from (University of Illinois at Springfield) in 2008 .I received my I-140 delivery notice in July 2010 stating that they have received his I-140 and it is now in process. I also received an approval on I-131 and I-765 just 2 weeks ago, I got a notice asking me and my wife to go for the biometrics test. Moreover, yesterday i.e. Nov 9th ,I received the EAD card for both me and my wife but unfortunately the very same day I get this Notice of Intent to Deny for I-140 requesting for evidence .
The notice states:
"……..The record contains a form ETA 9089 received by the department of labor on October 2009, thereby establishing a priority date in this matter. The petitioner certified in part H of that form that the proffered position is that of a "Software Engineer" and that the minimum level of education required to enter into that position is a Master's in Computer Science, Management Information Systems, Information Technology.
However the beneficiary also filed a form I-129, Petition for a non-immigrant worker in November 2006 (when i was working for the previous company) as a "Software Engineer". It is noted that the beneficiary did not have a master's degree at that time.
If the beneficiary entered into that H1B employment as a software engineer without a master's degree, the labor certificate will be invalidated since the master's level of education was not a minimum requirement. Please submit the evidence that the beneficiary obtained a master's degree prior to starting work for the petitioner as a software engineer.
The petition may be denied based on the above information. However u r hereby granted 30 days from the date of this letter to submit to this office a written rebuttal to the adverse information."

Also please note that we recently applied for my H1B extension as a programmer analyst as our lawyer had applied with this designation last year.

Now here my questions:

1. I applied for my H1B transfer with my current employer as Software engineer in 2006; I got my masters degree in Dec 2008. After consulting with my lawyer I filed for my GC in EB2 category as Software Engineer level 2 in Oct 2009. Now based on this why do you think we got this RFE? Is this a matter of concern or can it be a mistake? How can we resolve this?

2. The USCIS has asked me to provide evidence of my masters degree in 2006, but that is not true, I received it in 2008, what I have to prove is that my new job requires me to have my masters degree. But how do I do that since my work title is still just a software engineer but level 2 and in my organization level 2 software engineer requires masters degree?!!!

3. What is the worst case scenario? Is there a possibility that my I-140 will be rejected? What should my next step be then?

4. What will happen to all my approved forms (I-131 and I-765). Will they automatically get rejected too if my I-140 is denied?

5. Has anybody else had a similar case like mine? If yes, Please post your case out-comings on this thread.

6. What will happen to my EAD card? Can I change my status to EAD now or should I just wait?

7. Also we applied for H-1B extension as a different designation [Programmer Analyst]. So will that affect my GC process?


We have 30 DAYS to respond to this RFE. If u have any suggestions or advice Relating to my case please post them here ASAP. Please help us out on this.

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txh1b

08-18 02:48 PM

now this is weird... aside from the poster's main question: why does uscis want proof of *continuous employment* since the poster filed for 485? all they should care about is the future job... isnt that right? why do they want employment history?

willIWill, can you please post the exact wording on your RFE regarding that point?

It is not. It is very much relevant to the case as he has not added the spouse to the I485. If the person has not been continuously maintaining the non immigrant visa status, the spouse is out of status as the 485 has not been filed and is not eligible to hold H4 status.

Also, if the person has travelled on as a parolee, USCIS may be interested in that as well. You never know what the IO is getting into when they issue the RFE. Do not judge or give the OP a feeling that the RFE is irrelevant. It is, in many ways.

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pushkarw

12-21 02:19 PM

My question is - WHY WOULD ANYONE HELP US GIVEN THE FACT THAT WE ARE NOT WILLING TO HELP OURSELVES?????

All - Please contribute.


Please think:

A. WHY will ACLU assist us? Only because Ms. Singh is there?

B. WHY should Dr. Singh or Mrs. Gandhi assist us? We are trying to emigrate FROM India, NOT immigrate to India, after all.

C. Please do not formulate random "minority community" statements. It is kind of ironic to do so, given the fact that we, the EB immigrants, are usually parts of various minority communities in the U.S., and are desperately trying to make our case to the power structure here...

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redgreen

06-21 07:28 PM

So much of misinformation by many 'legal advisors'!

Please note that:

1. Unemployment benefits is not a public charge.

2. For getting unemployment benefits one need not be a citizen/permanent resident.

3. You don't acquire illegal stay if you have a valid I-485 pending.

Please read relevant FAQs at the USCIS webpage.
Don't rely on advices from ignorants who try to scare people!

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gc_peshwa

03-07 03:19 PM

Just make sure your new job description somewhat matches the one on which your I140 was approved. I *think* the job descriptions have to match for PD porting???? IDK

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visafreedom

07-03 02:09 AM

Please read, sign and observe

http://www.petitiononline.com/aos485/petition.html

To: U,S. Congress American Government

USCIS/DOS has made fun of a set of highly skilled immigrant workers of America. They issued a bulletin in June 2007 (http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html) declaring all classes of employment-based visa priority dates current from July 1, 2007 and then pulled the carpet under everyone's feet by issuing a bulletin in July 2007 (http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html) which declared all July applications ineligible.

The June bulletin caused a frenzy of activity amongst the applicants which ranged from applicants cancelling their travel plans and rushing to file their petitions to applicants tying the nuptial knot and cancelling their plans of higher studies. This act is mockery and disrespect of such skilled workers, causing them huge emotional and mental trauma. It also represents a huge economic loss in terms of time and resources consumed for readiness in filing the applications that involved the individuals, their employers and the attorneys representing them.

As a mark of protest we would like to observe July 13, 2007 as "NO WORK DAY". We demand justice from America and the American Governement. We believe our voices will only be heard when our presence (and importance) is made conspicuous by our absence. So, all those who believe in this are urged to refrain from going to work on Friday July 13, 2007.

Sincerely,

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bhasky25

10-11 12:45 PM

Hello guys,

I need a clarification on the process. Here is my scenario

1. PD : Feb 2004 EB3 India
2. 485 : Filed during july 2007
3. 140 : Approved on jan 2009 --> Revoked by my previous company on 12/23/2009
4. AC21 : Used AC21 to change jobs in Feb 2009. Transferred job using H1B tranfer and got it for 3 years(valid until Jan 2012). Changed jobs after 500 days of applying 485.
5. EAD and Ap is not valid(did not renew it as I chose to maintain H1b). I let it expire in 2008.
6. The new company would not file for EB2 as my current job description does not qualify for EB2. They are willing to refile EB3 petition. I was not interested in doing it.

My question is:

If I want to get my H1b renewed again @ Jan 2012, it is possible to get it renewed for 3 years by using my previous 140 approval even though it is revoked by my previous employer ?? If that is not possible, what are my options to maintain my H1B.

Appreciate your insight.

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Euclid

02-12 10:07 AM

Hi Ann,

Thanks so much!


Hi Euclid,

In my opinion, your situation clearly falls within the "receipt rule". The rec't for replacement of the lost EAD is good for up to 90 days. Below is an excerpt from the the most recent I-9 Handbook for Employers published by USCIS. This pretty clearly differentiates between a rec't for an initial or renewal application and a rec't for an application to replace a lost document.

Ann


Q When can employees present receipts for documents in lieu of actual documents establishing employment authorization?

A The �receipt rule� is designed to cover situations in which an employee is employment autho- rized at the time of initial hire or reverification, but he or she is not in possession of a document listed on page 5 of Form I-9. Receipts showing that a person has applied for an initial grant of employment authorization or for renewal of employment authorization are not acceptable.
An individual may present a receipt in lieu of a document listed on Form I-9 to complete Section 2 of Form I-9.The receipt is valid for a temporary period.There are three different documents that qualify as receipts under the rule:
32
1.
A receipt for a replacement document when the document has been lost, stolen, or damaged.The receipt is valid for 90 days, after which the individual must present the
replacement document to complete Form I-9.
Note: This rule does not apply to individuals who pres- ent receipts for new documents following the expiration of their previously held document.

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manja

01-18 01:09 PM

Check out this website. It has all the information we all want:

http://www.visataxes.com/

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niklshah

01-29 07:26 PM

Is that your new year wish? :)

I do not see any possibility unless some miracle happens.


i see pappu more after IV's new web makeover ....i think he likes blue color more....:p

jk take it easy...

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lavenyahs

12-19 04:56 PM

We went to Tijuana in 2003 from SanDiego. We just walked across the Border. But we stayed for only a couple of hours. Only while crossing into the US,people at the US checkpoint checked our Visa stamps and after scanning our passports allowed us to enter.

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Ann Ruben

07-17 05:25 PM

There is a very good chance that the gov't will seek to remove your son from the US even if he is only found guilty of misdemeanors.

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gc_in_30_yrs

09-12 07:20 PM

If you are on bench, not getting paid, your employer normally asks you to send him a letter stating that you are on vacation. This needs to be done every month. For the period you are on vacation, there may not be any pay stubs. Once you get any project, you will send your employer another letter saying that you are back and ready to work for them.

With this approach, you WILL NOT get any trouble from USCIS or anyone. If any RFP comes, then, employer will show these documents and clear the issues. I did this in the past and all my friends who were in different stages (like Labor filed, I-140 filed, 485 filed) also did and had no problems.

But as always it is advised that to talk to the lawyer who is working on your case is best suited to answer as that person is to submit the paper work.

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jkays94

06-29 07:39 AM

The reality is there will not be another immigration bill this year if CIR does not make it. And calling CIR the "amnesty bill" means some of us may have started pandering to and unfortunately have fallen for the anti-immigrationists propaganda trap. That is fine if one thinks its okay to wait for another two years while a new congress settles in and for key immigration bills to come to the floor. However "cutting and running" is what we do when out of fear of association we fail to stand up and speak up and explain our motivating cause which is the plight of legal law abiding immigrants who contribute legally to this country. In my own personal opinion this is an excellent opportunity that can put IV in the spot light and distinguish IV for standing up for highly skilled immigrants. This requires good orational and communication skills so that one is not misquoted. If it takes wearing a t-shirt saying "Support Legal Immigrants" then so be it, but lets not cut and run on the basis of someone elses propaganda. If IV opts out then let it be because we could not find someone who could clearly get our unique message and goals out. Thanks to randallemery for bringing this opportunity to IV's attention and I hope the IV core will respond appropriately as this needs to be a well coordinated effort. When people fully understand the humanitarian reasons why legal immigrants need relief through CIR they tend to be more compassionate and supportive. However if we sit and twiddle our thumbs because of what Lou Dobbs says then we are doing exactly what these anti-immigrationists want us to do. The primary victory of Rep Chris Cannon (R) in Utah ought to be a shot in the arm for those fighting for CIR. Instead of cutting and running he supported CIR, the anti-immigrationist opponents attacked CIR and in the end they still lost. Rep Cannon had the opportunity of being associated with the alleged "amnesty" bill but he stood up bravely to be counted as a CIR supporter and prevailed in the end.

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satishku_2000

06-15 11:10 PM

Thanks for the reply.

But i filed GC 6 times i had three approved I 140's with different priority dates.
I missed filing my 485 couple times.


thanks,


I asked because how much sanity would have left in a person if someone is in the game since 2001 ...:D :D :D :D

Good luck

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ramus

08-15 12:07 PM

Great.. please contribute to DC rally in anyway you can.


I thought this will give some hope to you.

Mine reached USCIS on July-3rd around 6:00am. All 6 (2x485, 2xAP, 2xEAD) checks were cached today.

Hope yours on the way too...

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