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  • gk_2000
    05-02 07:05 PM
    trojan -- Thanks, even I found your posts helpful. Sounds like a good idea :)





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  • abhi2001
    02-26 05:35 PM
    Another option here -

    I was on H1B for about 4 years and after that on L1A via a COS for the last 1 year. (total 5 years). Currently I am on L1A with company A.

    If my future employer B files for my H1B I don't have to go thru the cap/quota since I already was on an H1. I assume this is correct.

    - So till the time my H1B is approved can I still be with employer A on L1A visa?
    - Will moving to H1B with company B be my choice (of when I want to resign from company A and move to B) or will I be forced to join company B as soon as my H1B is approved?
    - Parallel to the above company B files my GC.

    Can this be done?

    Thanks for all the help.





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  • martinvisalaw
    07-17 11:26 AM
    Hi,
    I received RFE on my 485 for I94 copy. My situation is below

    I travelled to Tijuana, Mexico from San Diego by road to request
    for new I94 at the US Port of Entry at San Ysidro, Tijuana as my old I94
    was issued only until PP expiry date but since i already had a valid I94 on H1B notice, The officer didn't issue a new white I94 card even though i requested for one. Also, The officer took my earlier old white I94 card, so i don't have one with me now though i have a copy
    of it. Also USCIS is asking for a detailed explanation on why new I94 was not issued at POE. please advise on how to respond to this RFE

    POEs in Canada and Mexico don't usually issue a new I-94 when you visit those countries for less than 90 days. You can just remind CIS of this (maybe they thought you went to another country) and explain what happened.





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  • andy garcia
    09-17 12:45 PM
    based on the sign ups for the rally, we now see a lot of people brining 2 to 3 kids

    The little heroes polulation is expanding - A BIG WELCOME TO ALL THESE LITTLE HEROES


    AND THE SO CALLED HIGHLY SKILLED MEN WHO DO NOT WANT TO DO THE RALLY DUE TO LAZINESS OR SELFISHNESS OR EGO OR PRIDE OR COWARDICE OR FEAR OR SOCAL INHIBITION OR WHATEVER

    LEARN FROM THESE KIDS AND TODDLERS - THESE SMALL KIDS ARE PROVING TO BE REAL HEROES

    KIDS LEARN THAT THE CURRENT WORLD IS HOPELESS AND THEY DECIDE TO STAND UP FOR THEMSELVES - THEY WANT TO PROTECT THIS WORLD FOR THEIR GENERATION AND THEIR FUTURE GENERATION FROM THE SELFISH EGOISTIC COWARDS WHO DONT WANT TO MAKE THIS WORLD A BETTER PLACE FOR THEIR FUTURE GENERATIONS

    ATLEAST NOW - LEARN FROM THESE CHILDREN

    EVERYONE CAN MAKE IT TO DC AND HONOR THESE KIDS

    YES, EVERYONE TO DC

    EVERYONE TO DC

    That is pretty smart. In this country, if you leave those 2-3 year olds by themselves you end up in jail.



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  • martinvisalaw
    09-22 07:34 PM
    my fiancee has F-1 visa too, but we are getting married next month so excited. should i ask my employer to apply for us the same time?

    Yes, if she wants to change from F-1. She might want to stay in F-1 status as long as she can, especially since she can get work authorization.

    i don't know how is this work, and how much is the f-1 to h-4 status change costs.


    That depends on the lawyer, Filing fees are $300


    if i get denied, she will be denied too
    Yes

    but if she gets denied, will i get denied?

    No, not necessarily

    in other word, is filing both visa same time affect the chance of getting approved?

    I've done thousands of H-1B and H-4 cases filed together. It's very common.

    u guys know the odds of getting approved on h1b from non profit organization these days?

    If the job meets the H-1B criteria, and you do also, you should be fine.





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  • richana
    02-12 10:29 PM
    Yes, it is called the 10 year law.



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  • up_guy
    09-26 09:59 PM
    pls reply on this..





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  • moolchand_2002
    03-24 04:11 PM
    Hello

    My name is Moolchand Tanwar, i applied for GC got my I-140 Approved and few days back i got my I-485 Denial Notice. I here write the letter which i received from USCIS. Please go through the letter which i received and suggest me what should i do and where i can find a better help full attorney.
    -------------------

    DECISION ON APPLICATION FOR STATUS AS PERMANENT RESIDENT
    Upon consideration, it is ordered that your I-485 be denied for the following reasons:
    On February 4,2008, you filed an application to register permanent residence or Adjust status (form I-485) with USCIS (" the service") based upon an approved petition for Alien worker(I-40) with filed on your behalf by you employer, ABC COMPANY INC ( name not disclosed here) ( hereinafter as " the petitioner"). In doing so you sought to obtain an immigration benefit pursuant to section 245 of the immigration and nationality Act, as amended (the Act.)

    On June 8, 2010, you appeared for an interview at the USCIS netwark Field office in connection with your I-485 application.
    Service records revealed that entered the United States on August 15, 1997 as a nonimmigrant B2 Visitor with permission to remain in the United States for a temporary period not exceed 6 months, February 14, 1998. At the time of the filing of your form I-485, you were no longer in a lawful status. Therefore, you must satisfy the requirement under Section 245(i) of the Immigration and Nationality Act (INA) in order to adjust status in the United States to that of a lawful permanent resident.
    Section 245(i) of INA further states, in Pertinent part that:
    (1) Notwithstanding the provisions of subsections (a) and (c) of this section, an alien physically present in the United States----
    (A)WHO-----
    (i) entered the United States without inspection: or
    (ii) is within one if the classed enumerated in subsection (c) of this section:
    (B) who is the beneficiary (including a spouse or child of the principal alien, if eligible to receive a Visa under section 203(d) of---------
    (i) a petition for classification under section 204 that filed with the Attorney general on or before April 30, 2001; or
    (ii)an application for a labor certification under section 212(a)(5)(A) that filed pursuant to the regulations of the secretary of Labor on or before such date; and
    (C) who, in the case of a beneficiary of a petition for classification, or an application for labor certification, described in subparagraph (B) that was filed after January 14, 1998, is physically presented in the united states on the date of the enactment of the LIFE Act Amendments of 2000;
    may apply to the Attorney General for the adjustment of his or her status to that of an alien lawfully admitted for permanent residence, The Attorney General may accept such application only the alien remits with such application a sun equaling $1,000 as of the date of receipt of the application.....

    8 C.F.R Section 245.10(n) states in pertinent part that:
    (n) Evidentiary requirement to demonstrate physical presence on December 21,2000.
    (1) Unless the qualifying immigrant visa petition or application for labor certification was filed on or before January 14, 1998, a principal grandfathered alien must establish that he or she was physically present in the United States on December 21,2000 to the eligible to apply to adjust status under Section 245(i) of the Act. if no one document establishes the alien's physical presence on December 21,2000; he or she may submit several documents establishing his or her physical presence in the United States prior to and after December 21, 2000.

    Section 245(i) of the INA provides that certain individuals may still adjust status despite the ground of ineligibility listed in section 245(c) of the INA, if the priority of their underlying immigrant visa petition is on or before April 30, 2001 and they can establish physical presence in the United States on the December 21, 2000.
    As evidence of you eligibility under section 245(i), you claimed that you were grandfathered by the approved I-140 petition filed on your behalf by ABC COMPANY INC ( name is not disclosed here) the petitioner which has a priority date of April 18, 2001 under section 245(i) of the INA. As said petition was filed after January 14, 1998, you were required to provide evidence that you were physically presented in the U.S. before December 21, 2000.
    In response to a Request for further Evidence (REF) issued by the officer on your Interview day on 6/8/2010, you appeared at the USCIS network Field office on 7/9/2010 as scheduled. You submitted the following document:
    (1) Supplement A to the Form I-485 along with the $1000 penalty fee pursuant to Section 245(i) of the INA;
    (2) An employment letter from a ( name not disclosed here) the president of ABC COMPANY INC ( name not disclosed here)
    (3) Your attorney's statement regarding the employment portability under the American Competitiveness in the 21st Century Act;
    (4) A Letter from an ( Person name not disclosed here) testifying your tenancy from 1/2000-12/2003 as the proof that you were physically presented in the United States around December 21, 2000.

    Having reviewed the evidence you submitted, the service determines that you failed to establish that you were physically presented in the United States on December 21, 2000.
    Thus, the service concludes that, lacking any evidence of Physical presence, you are statutory ineligible to adjust status under Section 2459i) if the Act. Therefore, your I-485 Application to Register Permanent Residence or Adjust Status is Denied.

    USCIS is not initiating removal procedures against you at this time. The decision resulting in the denial of form I-485 leaves you without lawful immigration status and you are presenting the United States in violation of the law. You are required to depart the United States within thirty days fro the date of this decision, or be subject to removal proceedings. Remaining in the United States beyond this time will also affect your ability to return to the Unites States, Also as of the date of this notice, any employment authorization granted based on the pendency of your application is hereby revoked.
    ------------------

    Please suggest what should i do now. Can i appeal for it, If i appeal how long USCIS to take for decision. Will i ever get my GC approved.

    I am really very depressed and tensed please help.

    Thanks



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  • techskill
    09-24 12:33 PM
    People might also get the Last Due Date for rfe cases.





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  • Jaime
    10-13 01:46 AM
    http://www.washingtonpost.com/wp-dyn/content/article/2007/10/12/AR2007101201640.html?hpid=opinionsbox1

    "Are we worth pursuing?" This is what we need to be asking Congress...before Congress tells us that as high-skilled legal workers we must spend up to 10 years waiting for an immigrant visa (Green Card)m or just go home, they need to see if we are worth pursuing or not. Evidently Congress believes that at least some immigrants are worth pursuing, as evidenced by the free-for-all DV Lottery, where 50,000 Green Cards are randomly given out yeary to people from all over the world (except India, China, Mexico and the Philippines). These free-for-all visas bring 50,000 new people to the U.S. who can come here even if they don't have a job waiting for them, thus they end up taking American jobs (in convenience stores, selling Avon products door-to-door, as car mechanics, whatever)...and then there is us! The highly-skilled people, in the U.S. on LEGAL visas. We are doctors, engineers, business leaders, in positions where no American was found for our jobs (as evidenced by the grueling "Labor Certification" process) we pay taxes, contribute to the U.S. through patents, start-ups, community work, and yet we are abused, drowned in red tape and told to wait for up to a decade for a Green Card.

    Congress needs to decide if we highly-skilled contributors, who are very few compared to the overall pool of immigrants are "worth pursuing" (read the article in the link at the top), or at least whether we are AS worth pursuing as DV lotto winners such as car mechanics from Belarus, or Avon ladies from Bolivia (with the difference that they were given a free ride and allowed to take jobs away from Americans, and us PhDs and Doctors are forced to be certified that we haven't and won't take any job from an American, pay 1000s of dollars and wait for up to a decade)

    Congress! Before you kick out your curent and future Nobel prize winners (We highly-skilled legals!!!!) end the free-for-all DV Lotto! Then you can kick the rest of us out and bask in Nativism....by the way, did you know that there are Americans working in other countries too? (So why shouldn't there also be at least SOME highly-skilled foreign immigrants in the U.S. along the same logic????) It's part of globalization! Wow you didn't know right?



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  • ItIsNotFunny
    02-13 03:10 PM
    Congratulations!

    It is quite normal to have few weeks for card production ordered. Enjoy your freedom.


    I got the following message from USCIS:

    *** DO NOT RESPOND TO THIS E-MAIL ***

    The last processing action taken on your case

    Receipt Number: SRCXXXXX

    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Notice mailed welcoming the new permanent resident.

    On February 9, 2009, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

    I received this message on Feb 10. But I haven't recieved any CPO or any other email yet. Is this normal? Is my case finally approved?





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  • nsrinivas
    09-30 11:33 PM
    I think was just in anxiety !!!. My wife recieved FP notice around 5 days after I recieved. We both have appointment on same day and same time.

    So bottom line even though it is frustrating , I think the best solution is to just wait :)



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  • mn2007
    08-27 04:01 PM
    I am a July 2nd filer with a priority date of July29,2004 (EB2-I). I did not receive biometric appointment so far. I had a infopass appointment today, and the immigration officer checked the system and generated the FP appointment and I went straight to ASC after Infopass and got my FP done. Officer also confirmed that my name check is cleared last month but had no idea why my file is not assigned to an Immigration officer. She said there are no apparent issues that she can see in the system with my application and she opened a SR for them to look in to my file.

    MN





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  • Jipjap74
    04-23 01:14 PM
    I haven't received it yet. I was looking for anyone who had a similar situation. Why would they require more evidence for a 3 year old boy??? They approved the rest of my family yesterday and sent cards for production notice but my 3 year old got an RFE.



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  • fightforit
    01-26 10:29 AM
    In that case I apologize. But of late there has been a spate of such suspicious activity. Look at the number of new threads opened about people being sent back by accounts with only 1 post. Looks at the pointless argument going over between messers snram4 and u.misc. Check their history and make up your own mind. I cannot imagine someone with any semblance of maturity could engage in just hideously low level argument. So obviously there is an agenda at work. To each is own . But please, its funny only if your audience finds it funny and there is nothing funny about the Feb visa bulletin no matter which part of the world you are from.

    I only recently discovered IV and use to just read posts on Murthy earlier. It seems like some of the imbeciles from Murthy may have made their way here. There is so much nonsensical and agenda based talk on Murthy its not funny. And most galling is the fact that two of my posts that contained strong arguments against certain **famous** posters were not published!! They allow posts with name calling and rude language, but not with strong rebuttals against certain schools of thought.





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  • GCwaitforever
    04-12 12:31 AM
    Why not use people who already agreed to volunteer before by looking at their profiles?



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  • JazzByTheBay
    08-21 11:35 AM
    1) Are there any issues traveling on AP under the following circumstances??
    - there's no current H1 stamp, although H1 extension for 3 years has been approved
    - AP is expiring within 2-3 days of planned return?
    - New AP is filed/pending, Receipt Notice received
    - Employer is a Fortune 500

    2) I've read previously that they ask you if you've changed employers since filing I-485. Anybody familiar with scenarios where employers have changed??

    3) Docs I need to carry, besides... :
    - H1 Approval notices?? (All of them since day 1?)
    - I-485 Receipt Notice
    - I-140 Approval Notice (do i need this?)
    - Current AP Approval Notice
    - Pending AP Receipt Notice
    - Paystub??
    - Letter from employer??? (do I need this?)





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  • vamsi_poondla
    02-06 05:03 PM
    Job duties and same/similar job functions will be deciding factor. If your GC is for Programmer Analyst and if you become manager as Assets Manager, it will be an issue. If you are promoted as IT manager having significant overlap of job functions, you should be fine.

    if you are like my manager, who forgot how to open IDE and always works on some obsolete excel sheets/ project plans/ outlook, you will have trouble...

    Bottomline, dont leave development even if you become manager.





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  • angelfire76
    04-02 01:45 PM
    What I have mostly heard is that people in consulting jobs are the ones who are having issues at POEs and not the ones in permanent/full-time positions...I am not making a statement here but saying this is what I heard and read.

    Even working in IBM become something like a consulting job due to their change in business model. So how would the POE determine that somebody who's a "permanent" (is there such a thing in today's economy) employee is not actually into "consulting". Hey even McK guys are "consultants". I think the word you might be looking for is "salaried" employees.





    Berkeleybee
    05-31 02:56 PM
    berkeleybee,

    this is a good idea. Can you send me the text of the email you drafted? I would like to send it out to my sponsoring employer's HR manager and have the word spread. Please post the draft or PM it to me.

    thanks.

    QT,

    I sent the email out in Jan and much has changed since then.

    I updated the text of Email Sample Format 2 in our resources section to reflect current developments. You could personalize that and use it instead.

    http://immigrationvoice.org/index.php?option=com_content&task=view&id=30&Itemid=36

    Thanks for your support,

    best,
    Berkeleybee





    nobody
    04-28 06:54 AM
    cybergold :beam:



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