Wednesday, June 15, 2011

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  • shanti
    02-25 10:01 AM
    Thank you Akred

    So to put this clear... I have experience abroad matching the labor job profile of 4 years. Then I have experience in U.S. with employer A (no labor related only an H-1B) for 3 years. Then I worked one year with employer B and after that -in Feb 2005- Employer B applied for Labor. So my relevant experience that I could use to say the job is same or similar is my 4 ys abroad with similar job description plus the 3 years in US with company A so total 7 years.

    When I joined company B (the labor sponsoring company) I already had 7 ys experience in other employer than B, so for same or similar I could use up to 7 ys experience requirement as long as the job description and title are almost the same (which they are)?.

    I know this is an interesting question which many people probably have. I posted the question for the Conference call so that people which will be or are in the same situation could know for sure how to handle this isssue.




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  • surabhi
    10-22 01:29 PM
    I filed second set on August 16 as a insurance policy . ANd sure enough, I didnt actually got the checks cashed until October 13th. I am glad I didnt spend sleepless nights specially after 90 day window.

    The second set got cashed on October 15th.

    Now I have 2 sets of receipt notices.

    I have indicated in the cover letter when I filed the second I-485 mentioning that this is a second appliication. I indicated in the actual application as well.

    As per the USCIS' SOP manual, they have to check if there is a duplicate filing and in case they find one, they will attach to the first application.

    According to USCIS updates, they are doing minimal data entry to ensure faster receipting and hence it is possible that they didnt validate if there was an existing filiing.

    This is different from "second I-485' which you will do if you and spouse claim each other as dependents. In this case, the application will go to review by a IO.

    I didnt do stop check becuase I didnt want another set of issues and treat the second application as insurance fees . What else I could do.

    Plan of Action:

    I will write another letter with both receipt notices asking to merge the application. In the meanwhile, if I will attend both FP if I get them.

    I will ask for refund on that application. If they dont, I understand that.

    but I think overall application will not get affected since such scenario is part of USCIS Standard Operating Procedures.




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  • ganguteli
    07-07 11:58 AM
    Large scare denials will help people wake up. A lot of these H1B folks with I140 approved and EAD are living in a state of denials. Only when they get RFE or denial they come to IV.
    Unless these people support, people who are in the labor pending stage will not get enough members to help them out.




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  • mambarg
    08-30 01:30 PM
    I dont think you mean LUD on 485 correctly.
    It has to be after ND.



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  • desi485
    08-12 12:54 PM
    in my case, the local municipal corp in india denied providing non-avaibility certificate. Because my birth is registered and I do have birth cerficate, but instead of wrong date as in your case, in my case the first name is wrong. I had my birth-name on the birth certificate which is not un-common in india. Before I started pre-school, all my cerficates from that point onwards have my current legal name.

    I did not specified YES in the column where it asks if you were known by anyother name in 485.

    The only glitch is a first-name in birth cert is diff. from my current legal name. the name of parents, date, timing, family name, birth place and everything else is true and correctly mentioned.

    how much chances do you see for me to get an RFE on this?

    My lawyer told me to submit Affdevits from my parents which I did, along with original birth certificate with wrong first name. My parents also mentioned that I was given a pet-name at the time of birth, and then decided for my current legal name. I know this is complicated...

    I found 'usa consulate' in UK website talking about such case. It suggests to have affidevits, and EARLY school records, affidevit from priests etc. who performed any religious naming ceremonies etc as the acceptable documents.

    I am keeping my fingers crossed.




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  • Sachin_Stock
    08-24 12:35 PM
    Hey man, thats cool that at least they asked you some questions, or RFE. Some movement in ur case, somewhere!!

    I am Eb3 with PD Jan 2004 and I am totally in dark :(



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  • glus
    10-21 08:32 PM
    All,
    I submitted my first application on July 2nd. since I did not get receipt notice till Aug 16th so I filled the second (as back up) one on Aug 16th. Later I did get my receipt notices for July 2nd.
    Though, I did put stop payment on the checks for the appliaction filled on Aug 16th but yesterday, I received their receipt notices.
    Now, I have two A#s one for July 2nd applications and another one for Aug 16th appliaction.
    I was planning to just sit on it and do not respond to finger printing notice or any communciation from USCIS for Aug 16th application and hence causing it to get rejected.
    The reason I do not want to communicate with USCIS is that I don't want any confusion and hence anything happen to my July 2nd application.
    Is it a right strategy? Please comment.

    OK, everyone knows that double I485 was not a good idea. However, many people had done it and I was one who was thinking of it, but did not do it. As per my attorney's advise, stopping a check issued to a governmental entity is not legal. On these grounds, I decided not to file 2nd time.

    I guess the best way would be to withdraw the second petition. One can do that by writing a letter stating the reason for withdrawal and sending it to the appropriate service center (with tracking number.) Of course, the reason should be true, "Due to the July Visa Bulletin fiasco and indications that my first I485 could have been lost, I sent out a second application which is should not be considered anymore," or something like that. Withdrawal of the second I485 would, most likely, be the safest way to go about it.

    Regards,




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  • gc_kaavaali
    11-14 04:31 PM
    It is upto you...you can intimate them for job changes...or wait for USCIS come back to you...they usually send you RFE...if you want details about how to intimate USCIS, please take a look at below link...somebody got GC after invoking AC21...so it is upto you. As far as job description...your labor has good details...it covers everything...I think u r fine...you can go ahead and join compnay....but i am not an attorney...contact your attorney...

    http://boards.immigration.com/showthread.php?t=153407


    I have same question......if for example as above someone changes to SAP....what should be done in terms of notification to USCIS..?

    Do we just go ahead and join the new job / consulting firm and get a letter from them to match the O*NET code or description as above...?



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  • va_dude
    06-16 11:56 AM
    I think people should refrain from making congressional enquiries just to get a status update on their case. It should be used only under special circumstances, RFE, rejection, etc.

    If everyone starts doing this, these congressional offices will just not entertain our genuine requests anymore.

    If you really need to check just the status, take an Infopass.

    Just my 2 cents.

    va_dude




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  • gc4me
    04-23 10:13 AM
    This email is useless as nowhere in the email the alien's name is mentioned.
    In USCIS website you only have the option to add a case with the receipt number. They don't verify whether this case belongs to you or not.
    If your company/attorney gives you a receipt # that belongs to another person�s I-140 application, still you will get this email.

    The only option you have is to request for a copy of I-140 using G-639 form under FOIA.



    If you subscribe on USCIS website you will get email indicating and saying like:
    The following is the latest information on your case status

    Receipt Number:XXXXXX (i maksed it to hide my info)

    Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER

    Current Status:

    This case has been approved. On June 12, 2006, an approval notice was mailed. If 30 days have passed and you have not received this notice, you may wish to verify or update your address. To update your address, please speak to an Immigration Information Officer during business hours.

    If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision or advice from USCIS within the projected processing time frame*, please contact the National Customer Service Center.

    National Customer Service Center (800) 375-5283.

    *The projected processing time frame can be found on the receipt notice that you received from the USCIS.
    *** Please do not respond to this e-mail message.


    Sincerely,


    The U.S. Citizenship and Immigration Services (USCIS)



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  • dpp
    04-23 03:59 PM
    There is no Dead zone as such. They accepted all the applications received from July 2nd to Aug 17th. They have taken back the notice that they issued on July 2nd. So, they should accept all applications received in between the above period.


    Yeah I understand the (convoluted!) concept of processing date....And in fact, that definition does not even hold good due to the retrogressions we have been seeing in Processing dates as well which should not be happening as per definition.

    Anyway, I would have expected either a July 2 or July 17th... (skipping the zone in between). A July 11th indicates that they are currently processing some cases with that RD and everything else before that has been atleast 'touched'.

    But as I mentioned in my post, there may be cases filed during that 'dead zone' as well.




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  • munnu77
    06-05 01:41 PM
    -



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  • dpsg
    03-24 02:51 PM
    Folks,
    Can someone verify these numbers are correct. If It is skewed
    I will call Ms Rosemary to correct them.

    http://www.numbersusa.com/PDFs/Sense...Comparison.pdf
    http://www.numbersusa.com/PDFs/Sense...umbersComp.pdf

    Thanks,




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  • singhsa3
    05-01 11:29 AM
    Thats exactly my plan. It will be accompanied by covering letter, a spreadsheet and a recommendation.
    I will be sending mainly to DOS , DHS and USCIS
    singhsa3:

    What you may want to do is, write to the NEW Director, with your proposal and also send a copy to all the senators who have recently proposed new EB related immigration bills. This might make an impact...



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  • hmehta
    07-14 02:12 PM
    Yes, that is partially true. But then again they have to prepare identical set of documents, paperwork for both of us - so they are charging for the amount they invest in that.

    What is the lawyer charging you for your wife's application for?? If I am not mistaken all they have to do is add your wife's information alongwith your filing stating you are married and show a copy of marriage certificate as proof. Am I right here people?




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  • kubmilegaGC
    09-11 06:05 PM
    bump..



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  • roseball
    08-01 10:45 PM
    The online system shows the date the case was entered into the system and it doesnt reflect the actual physical receipt date.....Receipt date box on the I-797 receipt notice will be the actual receipt date....For majority of cases, the online case status date is the actual notice date and/or the date the case was entered into the system....




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  • amslonewolf
    01-26 11:52 AM
    This is an important step zero. I am sure Reid will push this through in the Senate.

    But in this congress it's all about what the House does.. Need to see the House version of this bill..




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  • kirupa
    01-24 04:07 PM
    Added those notes sage and iamthejuggler :)




    pmpforgc
    02-07 06:29 PM
    Hi

    I am trying to book ticket for my summer travel to India and frusteted with knowledge of travel agents and airline peoples. My story is like this:

    I have EXPIRED F-1 VISA STAMP, VALID H-1 APPROVAL , NO H-1 STAMPING IN PASSPORT, HAVE ADVANCE PAROL FOR REENTRY ( My family is also traverling with me with H-4 approval and AP)

    I want your guidance : For going to India ( and coming back also !!)

    (1) Which CITIES I can TRAVEL Through WIthout requiring TRANSIT VISA?

    (2) Which AIR LINE OPERATES flights through these cities?

    (3) what are the non-stop flight options available between US and India?

    (4) Non-stop flights are cheap or costly compare to other one stop flights?

    ( I dont want to apply for TRANSIT VISA, I had already sent too much money on H-1 and GC process and traveling with my family so if I go for Transit visa it will cost me atleast 1000 $ extra !!!)

    I want to go to AMD ( Direct or through BOMBAY if possible)

    Also let me know any good knowledgable travel agents who knows rule and give good deal for India.

    thanks for your help.




    vivaforever
    12-17 09:36 PM
    No luck yet



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