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  • Prashant
    01-22 07:30 PM
    Thank you IV,

    I really appreciate u folks whatever be the outcome ....

    Thank you once again.





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  • dilvahabilyeha
    07-26 12:33 PM
    Your Lawyer should advice what he is supposed to do. Don't take the ownership of doing something afterwhich lawyer would on your back. So be on his/her back and they should handle it. They can send a letter and the correct copy of your MC with the reciept #. How did you know that the MC was different, did your coworker shout at you ;)





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  • rockstart
    05-05 09:09 AM
    As long as you are working in the same position you should be fine. Also since you are making more than what is specified in your labor there is no reason to be worried. At I485 stage all they want to validate is that the employer still has the position open and you are still employed. So there is no real need to worry about the greater income.

    Your second question perhaps needs more documentation. Add your rental papers, bank statements, insurance statements (if you are paying for spouse) etc along with marriage pictures and if you have kids their BC.



    Gurus / Attorney,

    Please suggest..

    I got RFE for my employment verification and bona fide marital status..I have following questions..

    I am still working on current position but my salary is more now compared to two years ago when I submitted my I485. Both past and current salary is more than Labor requirement. In my employment verification RFE letter, should I mention my current salary OR would it be a problem for I485 petition.

    I am submitting joint tax return as a proof of bona fide marital status. My annual modified gross income is more than my current salary as a result of yearend bonus. Once again, I hope it won't create a problem for I485 application.

    I would highly appreciate your any advice in this regard.

    Thanks,

    EB2 - India / PD 04/06, I485 receipt date 09/07





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  • starving_dog
    09-02 02:01 AM
    I'm glad to hear that you are well. Have a great Labor Day weekend.



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  • gg_ny
    09-24 08:54 PM
    I know this is not the original question asked, but I have heard that bad driving record surely does affect your green card processing!

    Any criminal activity that pertains to driving would show up but the screening excludes traffic violations (parking, speeding, lane rule breaking, and other moving violations). In some states repeated rule breaking leads to criminal record, may be you have heard in that context. DUI, hit and run, not stopping for accidents, damage to public or private property and not reporting it etc. are also bad driving practices (if one survive any of them ;-)) and might lead to
    criminal records and get flagged.





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  • myan88
    03-29 10:29 PM
    I need help on my 140 filings. My situation is:

    02/2004, applied EB3 LC, pending until 02/2007

    10/2005, applied PERM EB2, LC & 140 approved, but unable to file 485 due to retrogession

    in 02/2007, my EB3 was certified. I asked attorney to file EB3 140 to capture this earlier PD to my EB2 case.

    But the attorney hired by my company refused to file another EB3 140. His reason is: it may be questioned by USCIS to file a EB3 140 after EB2 140 is approved -- my job position is downgraded. And back and forth I will still use EB2 to apply 485, then it may bring the company to a potential fraud issue, blah, blah...

    I know that the company is reluctant to let me get gc quickly, so the attorney found this excuse. I did not find strong proof to refute this excuse.

    Is there any legal proof (like USCIS memo, AILA Liasion meeting minute, etc) to refute this excuse and convince the employer to go ahead to file 140 for me?

    Thanks



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  • Legal
    07-11 04:58 PM
    Alabaman,
    It looks like you want to enjoy the freedom of expression
    of the country that you are trying to immigrate.

    Some stuck "moderators" may not like making fun of
    Representatives on this "public forum"

    regards,:rolleyes:





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  • sircaustic
    07-20 12:43 AM
    good to hear that it worked out ok in your case!
    One Q: how long did it take for USCIS to get back to you with a confirmation that the MTR was accepted? [from the day you requested it]

    Well.I did not have to request for confirmation. My attorney received the letter the next day after I received the automated email. The online status for my case still shows as "Denial Notice Sent".:(



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  • nav_kri
    03-20 09:54 PM
    "USCIS said EAWA applies to any Labour Condition Application (LCA) and/or H-1B petition filed on or after February 17, involving any employment by a new employer, including concurrent employment and regardless of whether the beneficiary is already in H-1B status."

    Is "employment by a new employer" H1B transfer? What does "concurrent employment" mean?





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  • a_yaja
    09-19 10:51 AM
    I am planning to book tickets for my parents travelling from India to US and returning back to India after 2 months. I have some questions:

    1) Is it necessary to book tickets in India?

    2) If not, Can I book tickets through orbitz or expedia in the US and send them the e-tickets?

    Please reply with your experiences.

    Thanks in advance!

    I have booked tickets on orbitz.com for my parents and cheaptickets.com for my in-laws. Both were eTickets and there were no problems. I preferred to pay in USD over INR due to the fact that visa/ mastercard charge a 1% transaction fee for international currency and my bank would have screwed me on the exchange rate.



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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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  • skalra
    03-19 11:06 PM
    If you have advance parole, check with your lawyer if you can use AP to come back. Now that you applied for stamping, AVR is out of question but AP is still an option.

    I am going to Toronto next month and was thinking of getting my visa stamped, but after hearing few horror stories, I am inclined towards using AVR or AP to come back.



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  • isserializable
    04-28 09:09 AM
    can somebody please shed some light on this one?





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  • dilbert_cal
    03-31 11:00 PM
    Any word on this issue? Is somebody from core going to create a forum where they can post delayed updates?

    Without access to donor forum , you have no clue *if* there has been any updates posted. You are assuming that there has been *some* updates posted and there possibly could be or there possibly is none. Whatever be the case, if there something for which ground level volunteers will be required, it will definitely get posted on open forums. If it is a strategic thinking/planning, I doubt still if it will be posted on the donor forum as such things need to be kept to a close group of people until you are ready for implementation. Disclosing this earlier will not work in favor of such strategic planning.

    And of course, if there is a new bill passed or others, it will be everywhere in media - you may just know it when it gets passed rather than a couple of hours/days/weeks early.

    If you believe in the cause of IV and I'm assuming that you do since you are here - I'd say go ahead and support it in all possible ways and dont worry too much about donor forums. Give or take 3 months plus a month , it will lose its charm.



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  • meridiani.planum
    01-08 12:03 AM
    Below mentioned points are from the NAFSA Adviser's Manual (2006 release)

    7.27.2.1 Exception for travel to Canada or Mexico for 30 days or less
    Under the "automatic extension of validity at ports-of-entry" provision, an H-IB alien may reenter the U.S. after a trip solely to Canada or Mexico that lasted no more than 30 days, without the need to obtain a new H-IB visa, even if the individual's prior H-IB visa has expired.

    H-1B automatic revalidation different than that for F and J nonimmigrants
    F and J nonimmigrants can use the automatic revalidation of visa provision not only after a trip to Canada and Mexico, but after a trip to the islands in the Caribbean as well. H-lB travel under this provision is limited to Canada and Mexico only.

    7.27.2.2
    Continued validity of H visas after employer change If the H-IB worker has changed employers since first entering the United States and has a valid visa annotated for the previous employer, he or she may reenter the U.S. using that visa, provided he or she presents a valid H-IB approval notice for the new employer upon reentry to the United States.

    7.27.2.3 Revalidation of H visas in the United States no longer possible
    Prior to July 17,2004, nonimmigrants in H status could apply for a new H visa through the DOS Visa Office in Washington, D.C., but only if they had already obtained one visa abroad in the category being applied for. This process was known as "revalidation." Effective July 17, 2004, the Department of State no longer accepts applications for revalidation of H visas.

    7.27.2.4 H-1 B visa eligibility after an extension of H-1 B status beyond 6 years
    Caution! H-IB nonimmigrants that have received extensions ofH-lB status beyond 6 years under AC21 continue to be bound by the requirement to have a valid H-IB visa for entry to the United States after travel abroad. If the nonimmigrant's visa has expired, he or she will
    have to obtain a new H -1 B visa on the basis of an approved H -lB petition in order to reenter the United States, like any H-IB nonimmigrant.



    Please let me now if these points are in place currently.
    And if yes then please consider this case gurus. If somebody has a valid first H1B extension (with I-94) till 2012 and if he goes for stamping in mexico and gets 221(g). Then can he come back to USA even if his old H1B and old I-94 has expired while his case is pending under 221(g) status in mexico?
    I will appreciate your thoughts on this.

    no, when you go for visa stamping the first thing they typically do is stamp a 'cancelled without prejudice' on yuor old visa, and they also usually take your I-94. So if you do get a 221(g), then the typical option is to either wait it out or take the passport back and go to the home country.

    P.S: fix the subject, it is too generic...





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  • willwin
    10-01 09:13 AM
    Ron predicts that democrats will hold the fort after this election and that a CIR bill would pass as early as next year.

    http://www.immigration-information.com/forums/showthread.php?p=24000&posted=1#post24000

    I doubt this.

    Also, looks like USCIS is upgrading their database in an effort to centralize all information that are currently scattered all over. This, they believe, would help them to predict number of cases, category wise, and hence predict VISA cut off dates precisely.

    If this happens, I believe, the spurt of approvals that we were seeing during the last quarter of the FY, for the last 2 years, will not happen anymore.

    This is good and bad. Good as applicants with older PD with get their GC. Bad, as applicants with recent PD will wait forever to file their 485.

    We are in for a very long wait. And this is amidst growing economic crisis, 485 denials based on AC21 etc.

    Good luck everyone!



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  • stuckin140
    01-31 09:27 AM
    What are the requirements to port from eb3 to eb2 with just an i 140 approved? I am happy with my current employer. I have worked with this company for 5 years now. I have a master's from a well known university in the US. At the time of applying for gc, attorney and company advised to file in eb3.
    Thanks.





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  • WillIBLucky
    11-17 10:47 AM
    MY intention was not to make this India Specific, but to bring to light the lobbying effort....Although the Bill is not passed....it is silently being pushed. The Immigration reform and SKILL is being touted and shouted abt so much, that it becomes a scare for congressmen to even touch it, let alone pass it.

    We have to work secretly more than ever..its important. and I hope IV is doing exactly that with Quinn and Gillespi

    The bill is passed by both the house now. All its needs is to reconsile by the commitee and its done for President's signature. This was priority for the President all the time since he announced in March 2006 in India. Ofsourse everthing needs lobbying. And IV, I think is doing its best in this regard.

    I think we should stop responding to this thread and leave it as it is. I am Indian and I am happy for India that this deal is passed. Now lets concentrate on our major problem, "The Green Card". Hope you all understand that.





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  • kondur_007
    07-28 04:25 PM
    Make sure that everyone in the family who has a pendng 485 has the travel document (AP); otherwise 485 will be considered abandoned.

    If you are traveling by road and the trip is < 30 days, just use Automatic visa revalidation and do not surrender I 94 and come back on the old I 94.

    If you are travelling by air or if trip is > 30 days, surrender I 94 and you can enter any way (on H1/H4 or AP does not matter as long as everyone HAS an AP).

    Good Luck with your trip.





    mbawa2574
    07-07 07:56 PM
    IV core leadership has to change and so is the stratergy. Current Lobbying efforts have clearly not worked out. I call for elections to elect the new core team. All these conference calls and inaction is just wastage of time and things are getting worse. We need an aggressive stratergy and may need to take names and hit people openly to get our agenda pushed. IV leadership clearly lacks these skills.





    bskrishna
    05-15 11:33 PM
    Lots of positive starts...have to see which ones will make it..



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