Friday, June 17, 2011

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  • deepakjain
    06-18 03:22 PM
    Make sure you post all the required document 5 "working days" - If appointment is on monday then your papers should reach by Sat of previous week....

    Appointment on 29th June means your papers should reach latest by 19th [4 days is for weekend and one day is overlap].....

    I had a bad experience when I went for interview at Mumbai consulate - When I reached the office they told me my appointment has been cancelled reason - document did not reach as per the expected time....I had to spend 10 days to get the next appointment...It was not a problem for me as I am from Mumbai...

    Make sure you reach atleast 2 hours before your appointment time. local hawaldars make a mess of people standing in queue...

    - Deepak





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  • MYGCBY2010
    07-27 04:21 PM
    I had filed FOIA request to USCIS requesting a copy of I140 approval notice. My I140 was approved after which I changed employer. I need I140 approval notice to keep my original priority date.
    But after filing G639, I got a response back from USCIS saying the case has been sent to DoS for visa approval and that I should contact DoS directly regarding the case.
    Also remember, G639 form is for FOIA request for USCIS only.
    You need to file a letter to DoS (google "DOS + foia" and you would see format of the letter)
    Other than this,I have also filed Form I824 (Action on approved petition) with $200 filing fees requesting I140 approval from USCIS. I guess looking at the processing time, I will have to wait for another 6 months before I hear back from USCIS

    Did you put in your A# OR THE Petition Number 3 in that form. Please respond.





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  • snathan
    04-13 08:19 PM
    Hi,

    I am Canadian citizen lived in Canada for 9 years. In 2005, I moved to USA on TN visa. Here is my case details.....

    Priority Date : Jun-06
    Category : EB2
    I140 Approved : 08/15/2006
    Chargeability : India
    Processing Stage : I-485, EAD, AP
    I485 Mailed Date : 07/02/2007

    My daughter is born in Canada in year 2000.

    My quastion is can I use my daughter's birth country for cross chargeability. I know this is not very common, most of the time spouse's country of birth can be used for cross chargeability. But while I was googling I found the defination on the below website....

    http://www.visapro.com/Immigration-Dictionary/C1.asp
    Cross Chargeability : When a Green Card applicant is subject to a quota waiting list, but is the child or the spouse of persons born in a country with more favorable quota, the applicant may cross charge to the most favorable quota.

    I would really appreciate your help.

    Thanks

    If you can do that....I am sure most of the folks can do their child's chargeability as US and get the GC in matter of months... Anyway check with the attorney and update us...





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  • mayhemt
    07-03 02:18 AM
    Here's an idea that came up in my head:

    There's no use working 'towards' EB wait period issues, there will always be thorns in the roses.. Lets work 'against' EB advantages (superficially) - well this could be in parallel to 'towards' part.

    Here's the agenda, that administration/congress would need to implement in law :

    "Restrict/Prohibit all non-immigrant class workers (H1, L1 etc) from investing, be it 401k, IRAs, Regular stock investing, Real Estate investing, Forex etc"


    (Before you all start bashing this, let me put down some pros & cons)...

    Pros:
    1. People (with immigrant intent) will not be in limbo. if you want to move back after living 5-6 yrs in US, there's nothing to pay penalty on. Today there's an early withdrawal penalty on 401K, IRA.
    Like many of us - who applied for 140/485 waiting endlessly for the magic card.... investing our dear hard earned money in 401ks & other investment vehicles - only to see them lose value or worse stuck in that vehicle (Of course there's another school of thought that says if I invested 10k in 401k, & net value is now 20k & even if I withdraw it paying penalty, I will be in green..but i guess this demographic will be significantly small). My colleagues & I too procrastinated about moving back to India - but since we still have to recover our 401k/IRA losses we have been pushing the magic year a little further - but thats just me.

    2. Markets/Businesses will realize the sudden disappearance of funds coming into market because of this new law & Market forces might lobby towards faster Immigrant status changes - remember this law is only for non-immigrants, Permanent residents would have no restrictions on investments.

    3. We (IV community) need not work diligently on this issue. We might just have to create some numbers on folks who made good amount of money in speculating oil/natural gas/gold and driving these prices like crazy OR who have been sending profits on investments to their home country. If we at least get this ball roll, anti-immigrants like numbersusa will pick up this agenda & work 'with' us..

    4. Home country flourishes.. 401k has an annual limit of 15.5k $ for 2008, 16.5K $ for 2009). Assuming 250K non-immigrants (H1s, L1s) restricted to invest, yearly 3Billion USD just disappears from markets & at least a small percentage would find its way to home country. This is just 401K. If we add IRAs and regular trading accounts, Real Estate.... Wall Street would crap in their pants - they need our money to drive their Ferraris, Lambos you know!! If Wall Street says something, Capitol Hill HAS to listen.


    Cons:
    1. H1s L1s wont be able to reap profits in investments. Hey at least you wont be losing your money. This is like a pseudo protection of your money if you have H1, L1 cards. Who knows? This might create huge demand for people wanting to convert from EB2/EB3 to H1 :)


    If you all see any other sides of this story, you know where to find that 'reply' button.

    Disclaimer: I am not looking to crash markets - just trying to leverage our situation with that of markets, with anti-immigrant groups' position as catalyst.



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  • ajju
    04-16 10:41 PM
    While at J1-visa, my employer applied for H1B for me. After 3-months of no response from uscis, we sent a check for $1000 for 'premium processing'. My H1B was approved 4 days after check was mailed out. A week after approval Uscis 'REFUNDED' the check with a note the 'case was approved in regular process' hence the refund.
    You can hope to get the refund and if not write to uscis and they are honest about these things.

    Your premium fees arrived after your H1 approval.. otherwise its not refundable... Since he/she applied EAD/AP and after one week, 485 got approved.. They are mostly like deny the EAD/AP benefits saying you don't qualify... But its always good to call USCIS first hand and discuss the issue with customer rep to explain the situation...

    USCIS # (800) 375-5283





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  • psn1975
    11-05 08:06 PM
    Hi

    I my PD is July 2003 EB3 (India).

    My I140 was approved in 2006 and had applied for 485, EAD, A/P in July 2007 like most of you. Yesterday LUD on my approved I140 and 485, EAD, A/P applications in USCIS changed after months. But now my approved I140 status has changed to Case received and pending.
    What is even more surprising is that it also says On April XX, 2008, we received this I140 IMMIGRANT PETITION FOR ALIEN WORKER... This is incorrect since i got the approval notice in Nov 2006.

    I have NOT done any labor substitution or anything like that.

    As usually our corporate lawyer and HR were useless and think this is just some system issue at USCIS. Did anyone else see this before? I was looking for other threads but couldn't find anyone else having similar issues.

    Immigration gurus - any suggestions/comments? Is this normal?

    Thanks!



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  • bpadala
    05-08 05:42 PM
    You have successfully signed up for a subscription to Donation to Support Immigration Voice (User: bpadala) using PayPal.

    Your first subscription payment, for $25.00 USD, has already been sent to Immigration Voice.


    ----------------------------------------------------------------
    Subscription Details
    ----------------------------------------------------------------

    Date of sign up: May 8, 2009
    Subscription Name: Donation to Support Immigration Voice (User: bpadala)
    Subscription Number: S-1LE87239MT427644C


    Subscription Terms:
    $25.00 USD for 12 months





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  • traveldoc
    09-11 09:46 AM
    Dosen't matter if you are on H1 or EAD documents to be sent for AP are same. Here is my list. Pls also check other posts to get a second opinion.

    - A letter requesting AP explaining why you want to travel.
    - $305 check
    - Copy of I-140 approval
    - Copy of I-485 receipt notice
    - Copy of EAD
    - 2 photos
    - Any previous H1 approvals if applicable (dosen't hurt to include)



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  • coolmanasip
    07-19 10:35 AM
    tnite.... thanks for the detailed reply........I forwarded this exchange to him........should make him happy and relaxed!!!

    Thanks much!





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  • mdmd10
    09-11 03:59 PM
    Just voted. I am still waiting for a miracle.



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  • nashim
    08-14 01:08 PM
    USCIS has only and only random process/ theory





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  • GetGC08
    07-30 06:29 PM
    Hello,

    I just received RFE for I-140.
    I-140 Details:
    I have applied I-140 under EB2 India.
    I have BS(3 years) with computer science & MCA(MS 3 years) in computer science. So total 6 years of education in computer science(3 yrs BS + 3 yrs MS).
    Also I have 1.5 years(18 months) of experience after completing my MS. I have submitted my experience letter at the time of filling labor But USCIS didn't ask anything regarding experience.

    In labor(PERM) we mentioned Masters required
    & Major field of study is Computers.

    Do I qualify for EB2?? Plz let me know.

    RFE details:
    1) Degree evaluation(what's the procedure?)
    &
    2) They want most recent W2 for 2007.

    In 2007(W2) I got paid $59K(gross) & in LCA(H1B) prevailing wage mentioned is $55k.

    In labor(PERM) prevailing wage mentioned is $63K & offered wage mentioned is $65K.

    Difference between W2 & Prevailing wage in labor(PERM) is $4000($63K - $59K).
    Difference between W2 & Offered wage in labor(PERM) is $6000($65K - $59K).
    Is this a serious problem???

    My labor already got approved.
    My company is financially very good.

    Now which wage USCIS consider or match with W2??

    I will really appreciate your response.

    Thanks.



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  • Legal
    07-16 08:39 AM
    I am not sure how important the processing dates update, If you look in , there are many approvals whose processing dates are well beyond Jul 17 (for TSC). This makes me question what is the processing date updates mean?

    It means ALL the cases filed before 7/17/07 have been processed, doesn't mean they are not working on cases beyond july 17th.





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  • Leo07
    05-21 05:18 PM
    'American Nava Nirman Sena' Ticket---LOL:)
    July 2009
    July 2010
    July 2011
    July 2012...or

    By the way things are moving backwards, We will be awarded GC posthumously in a Rose Garden Ceremony by the President (who will be my son since he was born here and eligible to be come President. He will be contesting elections in 2060 under 'American Nava Nirman Sena' Ticket).



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  • mrdelhiite
    07-24 03:23 PM
    One of my good friend asked me this questions yesterday? I did not have an answer for him and wanted to ask if someone could have any suggestions on this.

    Thanks you for your time.

    His company wants to start his EB2 green card process. He was wondering if this a good time to do this? Is it recommended that he delay this process for 6 months or so? He is currently in his 3rd year of H1B.

    Thanks
    -M





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  • bharmohan
    07-23 10:56 PM
    Hello,
    I have appeared at Delhi embassy for stamping. I got 7 years experience in US. I am working for Company A, through vendor B, client C.

    VO: How many employees your company has?.
    Me: XXX (Based on H1 data information in I-129).

    VO: Do you have client letter with you?.
    Me: I showed it.

    VO: Do you have a contract between your employer and client?.
    Me: I said there is a vendor between, as soon as I told he has given 221G green. I was trying to give letter from Vendor B and contract letters, but VO said I think you have all the documents but take your tme and submit all at the other window.

    VO ticked the I-797, I-129 and Clinet letters, itinarary & contracts.
    I just submitted all the documents including all the contract letters at the same time. I am just cross-fingered.


    Any idea how long it took?. Is this called a AAO or administration processing?.



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  • diptam
    01-16 12:45 PM
    indyanguy,
    Sorry to see that USCIS is bugging you. I think i know you from the "Letter to Ombudsman" forum ... I also got a useless RFE but not for experience letter, so you may use my experience letter as benchmark.

    I asked my friend ( who is a Project manager at my old Company) to getted it notarized ( what we call attested at India) from the local Bank. The Bank officer will just make sure the undersigned is the actual signee... No company HR will do all the crap , so its better to go via the Friend/Ex-coworker route ... Unless you get GC , you need to maintain old relationships :) anyway , here you go ....

    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
    May 05, 2007

    RE: XXX YYY


    TO WHOM IT MAY CONCERN:



    This letter is to verify that Mr. XXX YYY was employed by GGGGGG as a full-time Software Engineer from August 1998 to October 2004.During this period he worked 40 Hours per week.

    During the period of employment at GGGGGGG Mr. XXX YYY�s duty were to Plan, design, develop, test and document application software using XML, JSP,EJB,JDBC,ASP,VB,COMObjects,XSL,JavaServlets,Ja vascripts,DHTML,Linux,CSS,Domino & Lotus Notes,.Net,ASP.Net,SQL Server 2000,WebLogic,Websphere with ORACLE database in Windows and Unix environments.


    Mr. XXX YYY has always rendered his services with the highest degree of responsibility and professionalism and we wish Mr. YYY all the best in his future endeavors.

    Sincerely,




    _____________________________
    Mr. CCC DDDD
    Project Manager

    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

    Thanks.

    What is the difference between an affidavit and a letter? Affidavit is one that is not on a letter head and a letter is the one on a letter head or it depends on who is writing the letter?

    Does 1 each serve the purpose?

    With the initial packet, I had sent
    1 letter from Company A (By the director on letterhead)
    2 letters from Company B (1 from colleague on letterhead and 1 from HR on letterhead)





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  • doubleyou
    05-20 09:36 AM
    I agree that recapture is a big issue, but background check is also another issue that affects many IV members.
    It just does not matter if wheter one is a paying member or non paying member, i am sure that there are paying members who are also having same issue.
    As a start IV should get a count of members who are in the background check doloop.





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  • kriskris
    08-22 02:35 PM
    there are no issues: your H1 and 485 are independent (until the 485 is approved, at which point your H1 is invalid). Until then, even if you have filed your 485, whether you have receipts or not you can keep filing extensions and getting new I-94s. You can also transfer your H1 around (better to do after 180 days and invoke AC21) whether you have a 485 receipt or not.

    dont worry, go ahead and bump up your H1 extension to PP. As long as you qualify for the extension (LC >365 days or 140 approved) you will get it and your 485 continues getting processed independently.

    Thanks for the reply gc_chahiye.
    If i upgrade my H1 to premium, would they upgrade and process my wife's H4 in premium. I know that there is no premium for H4. If i would have opted for PP at the time of submission, both the apps would have been processed in premium, but now since we have separate receipt numbers for H1 and H4, would they be processed at the same time. Any past experiences?????





    reddog
    04-17 12:26 PM
    This is a poignant question for everyone. Any experts that know the law and psychology and the theory of standing in line please answer.

    Let me also add one more question. I have a pet that I am bringing from abroad. Which line should the pet stand in? I do not want the IO at Port of entry to call my employer and ask if he tried to find US citizen pets for me .

    Pets are considered cargo. They do not need visas to enter the US.





    sundarpn
    06-04 09:40 AM
    noob question...

    hasn't the bill passed in the senate already?

    Is there a deadline for it being cleaned up and passed or scrapped in the house?