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  • perm2gc
    08-28 05:15 PM
    Hi, I have 3 yrs exp. as a software engineer. I have a master's degree . In order to be qualified for EB2, which is better to be put on the job ad, BS+5 or MS+2? Based on my understanding:

    BS+5: BS is believed to be qualified enough for the software engineer position. But BS+5 may not be qualified for EB2?

    MS+2: Master degree is good for EB2, but wondering if the DoL thinks it is necessary for a SE position.

    Could you please give me advice on this? I really appreciate that.

    Thanks. SE position is for MS+2 yrs according to the new PERM and you are saying 3 yrs as SE but at the same time you want to files under EB2 with BS+5 yrs...


    Your attorney or your employer are good resources to ask..





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  • KKtexas
    01-09 05:26 PM
    We got back to USA on 1/7.
    POE: Dallas (DFW)
    We gave IO only passport and AP, got new I-94 in only 5 mins.

    Questions asked by IO:
    1. How long were away from USA?
    2.How was weather in India ? ;)

    Overall the experience with using AP was good.





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  • nkavjs
    09-25 11:47 AM
    Hello.

    I was reading one of the old postings mentioning someone's wife wanting to move from H1 to EAD and a new baby. I am in the same situation and donot know anything pertaining to legal requirement of working specific requirements working with sponsoring employer for specific numbers of hours to keep the EAD status on.

    - Currently I (primary) am on H1B working 30 hrs per week as a full-timer. I want to step down to EAD status and just work may be 10 hrs per week or weeks as floater.
    - What are the legal hassles am I looking for GC processing if I only work few miniumu hrs on EAD for the sponsor.
    - Possibly can I work 2 part-time jobs at same position with diff. employer on EAD? Will USCIS have trouble with me at the time of EAD renewal.

    EB3- India July 003
    I-140 approved
    485 pending
    AP and EAD approved. till 2010


    Please advise me
    Thanks a lot
    nkavjs





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  • gc_chahiye
    08-26 11:22 PM
    gc_chahiye: Thanks for the technical advice. I'll check with my attorney tomorrow. You said 30 odd days. That is more or less 60 days, and it's more than enough.

    for an appeal they will tell you in the denial notice how much time you have. For a motion-to-reconsider/reopen the deadline is typically 30 days. Again, confirm everything with attorney, and keep them on their toes (check status with them every couple of days).

    I think you will receive the RFE on time (its only been 8 days since the USCIS note about the RFE, it does take upto 2 weeks for attorneys to receive it).
    All the best!



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  • mhathi
    01-09 01:46 PM
    it is not advisable to leave US while your extension is being processed. I would suggest waiting for it to get approved and then schedulingan appointment (in India) or in canada before leaving for india and get the new visa stamped.





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  • Dhundhun
    06-26 09:43 PM
    Dear Fellow IVians
    quick update: I received the receipt notices today for EAD Renewal by mail. can't believe it, but truly received for myself and my wife.
    Big question is
    1.Mine is having case number as LIN08801XXXXX which is fine, because my entire GC process since past 5 years is in Nebraska Service Center. I'm the primary applicant
    2.But wife's case number is different, which is NSC08801XXXXX and clearly mentioned in the notice that her case is with national benefits center, Lee's summit MO.( By the way we live in Missouri)
    The entries for "Class requested" is shown as C09 in both cases, which i believe correct.

    Help:
    Has anybody received like this before? if it's normal, i'm not worried
    If not, any clues about next steps like do i need to call somebody or call Nebraska ??? a bit worried. any help ???????

    Thanks in advance
    Satya

    Yes. This is excerpts from: http://immigrationvoice.org/forum/showthread.php?t=18737

    Efiled EAD passing through multiple service centers

    Mailed:
    .... Confirmation Receipt
    .... Photocopy of I485 recept
    .... Photocopy of EAD both side
    .... Original letter which came with EAD (after tearing upper part - for quick processing)
    Mid June 2008, paper receipt (from NSC) took over 10 days. It is now taking more time.
    FP notice (from MSC, code 2) after two weeks, scheduled in fifth week (in ASC San Jose).



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  • dvb123
    10-05 12:20 AM
    Visit Vizag aka visakhapstnam





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  • omved
    05-06 02:47 PM
    Does replying to RFE along with all required documents means GC is coming soon ??

    Augustus..did you get GC yet ?

    Thanks



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  • skarthy
    07-18 01:30 PM
    I have e filed on 7/2, there was soft lud today, do you have a soft lud when ur FP notice is mailed? has anyone seen the same??thanks for your reply

    I check with my freind who got it yesterday, his LUD or message did not change.Its was the same as from when he got the notice.

    I'll have to do a change of address soon. Planning on doing it over the weekend.





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  • div_bell_2003
    12-19 05:01 PM
    It does not look like your future green card processing will be affected by any way due to your one year absence, but you might wanna clarify with your attorney about the status of your H1 though. You didn't mention anything on this, but I'm guessing you'll be coming back to the same employer in 2010, just check with them if your one year not being in US payroll would result in revocation of your H1B and they have to apply for a fresh one once you come back.

    From the GC front, you don't have anything to worry as far as my knowledge goes.

    I am on H1 for the last 3 years. Got my H1 renewed for 3 years last month. Now i have to go back to India for one year (2009) and come back at 2010. I will not be in a payroll for 2009. When i come back to US at 2010, i am planning to start my Green Card processing. I want to know if my one year stay in India will affect my Green Card processing in any way?

    Thanks a lot.



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  • GC_1000Watt
    08-05 03:42 PM
    Hello all,

    Recently I got my H1B stamped at Mumbai India, this was my
    third H1B, and fifth US visa(I got two B1/B2s in addition). The
    US Visa stamping process has been streamlined and better organized
    than it was when I got my first one in 1999!:)

    Process started with me paying visa fees upfront at HDFC bank.
    after paying the fees, they will give two copies of the receipt,
    one for you and one for the consulate.

    Next step is to get yourself photographed. Every photo studio
    in Bombay knows the specification now, so it was no problem.:)
    Get digital copies of the photographs.

    Next step is to go online and fill the application forms. One needs
    to upload photographs and enter the fee payment receipt number
    in the form. Once completed, print the application after saving.
    The application form has a bar code, so please make no changes
    after the printout, if you do one needs to take a fresh print.

    The next step was to arrange an appointment for visa stamping
    which can be done online, once appointment is fixed
    one can go to the visa application center which is very
    near the Consulate at Breach Candy. They will verify the application
    and give you a confirmation of the appointment. Make sure
    that you submit your application form at least three business
    days before the visa appointment.


    To avoid the morning hour traffic we checked into a hotel
    near the consulate. The appointment was 10:30 AM, but we
    reached the consulate at 10:00. The appointment confirmed
    suggested we do not go to the consulate before 10:15, but
    went ahead anyway. The security let us in. :) The consulate
    was full of visa aspirants, and I braced myself for a long wait.
    We submitted our application forms after getting our fingers
    printed.

    To my surprise, we were called for interview at around 10:10.
    The consulate officer commented that I have already lived
    in the US, to which I said yes. The question was repeated to
    my wife, who also had a stint in the US. Then she asked me
    what kind of work I will be doing in US. I gave a rather long
    answer which I guess bored her a bit. My six year daughter
    complained that it she is tired, the consular officer started
    small talk with her. Then she said my passport will be sent
    by courier. By 10:20 we were on our way back home.

    We received our passports separately over the next 10 days.
    surprisingly my daughter got hers within 2 days, but my
    wife had to wait full 10 days!

    I am in the US now :)

    Thanks for sharing your expereince. Just wanted to know Where did you stay in Mumbai? And how much was the rate?
    Also did you submitted H1B fees diff. of new and old fee duting the visa interview?





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  • gcdreamer05
    01-12 11:20 AM
    Is there something we can do to avoid this PIMS delay.......

    I have been trying to ask the attorney and even the free chat on IV but no one is giving a clear solution on how to avoid pims delay. :mad:

    I too need to go for stamping and am delaying it just because of this pims delay.



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  • number30
    11-04 02:17 AM
    Hello gurus,
    I got the RFE on my I485(PD:May 2002 - India- EB3- I140 approved on jan-2009) application. The query is,
    The birth certificate you submitted has a delayed registration. Please comply with the following.

    a) Hospital birth records which name the child and both parents.
    b) Medical records which name the child and both parents
    c)school records which name the child and bother parents.
    d) Census records which name the child and both parents.
    c) Religious records in the form of a certificate under the seal of the organization where the baptism, dedication, presentation or comparable e rite occurred following the birth,showing the date and place of the child's birth, the date of the religious ceremony, and the name of the child's parents.

    I have the transfer certificate and the mark statements that has the father's name, my name and the date of birth. In general, schools and colleges in india, don't include the mother's name. Also i born at home, i don't have any hospital birth records and medical records. I am totally confused what records i need to provide to USCIS. I discussed some famous attorney, they too encouraging me to get any form of documents with my mother name back home in india. Any advice is greatly appreciated. Thank you very much for your early reply


    Thank you
    devan


    Transfer Certificates , Marks card or even birth certificate from Consular offices are not accepted.

    What you can do is get a non-availability letter stating that your birth record is not available from local Panchyat or Municipals authorities. Then you can submit sworn affidavit executed by either the parents, if living, or other close relatives older than the applicant

    Check the link India Reciprocity Schedule (http://travel.state.gov/visa/frvi/reciprocity/reciprocity_3582.html)





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  • GCEB2
    06-25 10:49 AM
    Thank You Dhundhun you Information was Very Helpful



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  • QuickGreenCard
    02-17 04:24 PM
    I have H1 approval I-797 with me (received in last year quota) and H4 approval (which was applied before applying H1). Now I have a family emergency back home. I have to travel asap. My current H4 stamp in the passport is expired. So I have to go for stamping, either it be using H1 or using H4. Since I am unemployed at present I can't use H1 for stamping. If I come back on H4, what will happen to my H1 status? Will it be still valid to accept an employment or becomes void.

    Please share your thoughts...

    Thanks





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  • kumar1
    11-20 09:32 PM
    You can call UK consulate and ask them for this information. They have a paid phone service (~2 dollars per minute) available. If you do not mind me asking, why are you going through the pain of getting a transit visa?



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  • mita
    08-22 08:16 PM
    Enjoy your green!!!
    Got approval emails on August 14th, received approval notice by mail on August 20th, and finally got the physical green cards by mail today.:)





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  • tnite
    07-26 09:08 AM
    Bibs:
    To apply for EAD you need the following documents

    1. I-131 EAD Application document
    2. Copy of I-485 receipt notice
    3. 2 colored passport pictures - recent
    4. Cashiers cheque as stated in the form.

    Send all this in and wait. You dont need an attorney to do this. This is really a simple procedure.


    Its form I765 for EAD. I131 is for Advance Parole





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  • martinvisalaw
    09-09 10:02 PM
    CIS cannot approve a change of status to H-1B since you are not maintaining status. You will likely be approved as a notify and need to leave the US, get a H-1B visa, and then re-enter in H-1B status. It is critical that you don't overstay your I-94 by 180 days. If you do, you are subject to a 3 year bar on returning to the US.

    You are out of status now, and have been out of status since your I-94 expired. You could be removed (deported) if you were found by CIS.

    I suggest getting a second legal opinion because your lawyer might be giving you misleading information. It's hard to tell without knowing all the facts and what exactly s/he said to you.





    geevikram
    09-13 10:33 AM
    You probably know the answer already, but still...

    NADA





    thatwillbeit
    06-06 03:38 PM
    Thanks for your reply wandmaker


    akhilmahajan : Here is checklist of documents that I guess should be sent with AP I-131 form

    I-131 Application Supporting documents

    Copy of I-485 receipt Notice
    Copy of I-140 Receipt/Approval Notice
    Copy of Prior Advanced Parole Document (AP)
    Copy of Biographic Page of Passport
    Copy of Drivers' License
    2 Passport size Photos
    Check for $305 in favor of DHS



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