Monday, June 20, 2011

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  • OLDMONK
    07-19 12:46 PM
    Since we already applied for I-485, I am keeping my fingers crossed. Her employment letter (submitted) only says that she is employed with the company and her employment is valid till 2008.

    Isn't valid/unexpired I-94 counts as legal status not the approval notice. Also what if the employee takes a un-paid leave of absence due to health reasons etc.

    I am sure so many in the same boat. Is there anything we could do?

    She would still need to be on the Payroll and reported as an employee, preferable from the date of COS, If making a case of vacation or medical leave.





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  • nrk
    10-29 09:46 AM
    Hi,

    I followed up two more cases with the same status as mine,

    All the 3 SR's opened in TSC on 10/14/2009 or 10/15/2009 and answered by the same representative.

    Today one of them took an info pass and talked to IO. they said the information could be wrong as they don't see any status like that. and one more thing their case is pre approved.





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  • madhu345
    10-09 10:44 PM
    Everest Technologies? Ravi Kandimalla??? I heard horror stories about them.

    Dude...you still remember this Alpheratta GA company?





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  • enggr
    09-28 01:47 AM
    I thank everyone for taking interest in my case and giving valuable advices.

    Yes, the lawyer should have checked this and filed on EB3 to begin with. If he had suggested a potential hindrance like this, I wouldn't have agreed to file the case under EB2. The way it happened was, employer and attorney requested all my details and decided to go with EB2. I didn't even know the complete requirements of EB2 at that time as I had a belief that EB2 is only for Masters degree. Because the employer + attorney recommended EB2 I signed up for that.

    I have requested my employer to start a new PERM as soon as possible.
    I am very much looking forward for interfiling my old I-485 with the new I-140. My attorney is saying its not possible. (Maybe he's very less experienced in these matters).

    "during that time hope your new I-140 comes through (for the PERM you are starting now) and then interfile that I-140 to your existing 485"

    Can you please shed some more light on that so that I can argue with my attorney. Any links regarding this would be really helpful. Any piece of information/case history would be helpful to argue with my lawyer.

    AkhilMahajan,
    The university gives different marksheets for supplementary exam. There's a consolidated one too.

    insbaby,
    You are right. EB3 is the safest one. I never tried to take advantage of EB2. The whole mistake was due to improper knowledge from my side about EB2 and wrong evaluation by the attorney. I am looking for all ways to convert this case into EB3. My attorney is saying that we can't file a new I-140 under EB3. The only way to continue this case is to request the EB3 conversion as part of the RFE response. Then, INS should agree to the change in a return letter which can be followed by the I-140 application amendment or new I-140 application.

    quizzer,
    The I-140 filing date was Nov 2006.

    Ramba,
    You are very correct. I have requested my attorney to change the category from EB2 to EB3. he said it can be done only as a formal request during RFE response. The attorney has requested my employer to modify the job requirement from EB2 to EB3. I think we are safe at the labor certification as it doesn't ask progressive experience. Labor is asking for Bachelors degree and 5 years of experience which I have. I have no plans to move out of H1b until I-140 is approved.

    cnndwag,
    I didn't run away. Today I was running behind my attorney and employer to save this case under EB3. I didn't fake my experience as I finished my course well before starting my first job. IO caught the discrepancy which should have been caught by my attorney long before. Just to re-iterate I never tried to expedite the process by filing under EB2. In fact I was ignorant about EB2 till the case was filed.

    Dreamworld,
    I am very disappointed by the law you mentioned
    "PERM does not allow to change from EB2 to EB3"
    Can you send me some links to read more in this respect? But fact is a fact. I appreciate you pointing out things like this.
    One of my friend tole me yesterday to request DOL (dept. of labor) to request for a reclassification which should come in 3 weeks. But my lawyer said that classification doesn't happen at labor level and all it matters there is what is specified in newspaper ad and labor requirement (bachelors and 5 yrs exp).



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  • ameerka_dream
    05-11 02:32 PM
    I sincere hope Dream act pass. Illegal kids suffer more. Our suffer less. Parents made mistake. Why they pay?

    Please don't open your mouth...it really really stinks :)





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  • gc28262
    03-27 09:18 AM
    Well, for one, a driver's license is the most commonly accepted proof of identity. It's not just about driving skills. The procedures for it's issuance affect the security of the country. Sorry, I think it is you who are missing the point.

    Drivers license is not meant to be used as an identity document. US has screwed that logic anyways. One of the security issues is this country uses drivers license as an identity document.

    Even if it has to be used for identity purpose, an identity document says this document represents the person holding it and his identity has been verified. Immigration status or job verification has nothing to do with identity.

    How does employment verification serve the security needs ? If so, are citizens guaranteed not to do anything against the security of the country ? I don't think so.

    Are employers the ones who vouch for security credentials of an individual ?

    All nonsense.



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  • palemguy
    08-19 11:15 AM
    PD: April 20, 2004
    service center:NSC
    I -140 approval date: Jan 8, 2007
    I-485 RD: July 3, 2007
    LUD on 140: 4/9/2008
    LUD on AP: 8/8/2008
    I-485 Approval: Hope to see it very soon

    I have opened an SR as my case is out side the normal processing time. I have infopass appointment on Aug 27, 2008.

    I will post my experience once I am done with my infopass or if I hear anything from NSC.





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  • pyrosleepy
    07-31 11:35 AM
    Thanks, Sanbaj! Your response does help.



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  • nivasch
    04-02 11:07 AM
    Again sent the fax#10 and 11 to NJ Sen
    Nivas





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  • kothari_rupesh
    02-22 12:08 AM
    FYI, I got my RFE today too and it is for the same exact thing as my wife's, which I shared yesterday below.


    I got LUD 2/17 and 2/18, same for my wife, 2/17 was RFE message, got my wife's RFE in mail today it was for a serological HIV test which was supposedly required but was not done.

    Have yet to receive my RFE yet, hopefully tomorrow.



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  • =VALOR=
    02-04 03:43 PM
    Ehmmmmmmm ..............:whistle:

    True. Sorry.





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  • ash0210
    12-04 05:37 PM
    Wow!!! if its so then its good!!!

    As per new SSN statement, I have around 80K in SSN and around same equal amount of Medicare money and wondering if we can take back home SSN money, what will happen to our Medicare money?

    Any News regarding Medicare money? can we take advantage of Medicare money in our country?


    If you move back to India permanently, you can take you social security money with you.



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  • bluekayal
    08-19 10:51 AM
    --------------------------------------------------------------------------------

    Category:- EB2
    Nationality:- India
    PD:- 08/2004 (TSC)
    I485:-RD-08-07-2006/ND-08/16/2006
    name check cleared as per IO





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  • sam_hoosier
    12-27 10:45 AM
    All,

    With the current rate of outsourcing happening around in US and the rate of influx of temporary workers coming in on mostly L1 and may be few on H1 B Visas every year through the outsourcing companies , i am sceptical about the future of GC aspirants. With the way of GC processing happening which are caused by restrictions /policies of governing bodies and no sight of positive relief in near future i am little apprehensive about the future.

    I feel that there might be no areas that are not impacted by Outsourcing boom . Most of the companies that i see and my friends work ,i see many of the operations are outsourced or planning in place to get outsourced.

    with the current rate of outsourcing and subprime mess which may cause slow down in economy , i am not sure if there would be any positions to support our AOS , when our PD becomes current. Some times i think , the fight for GC is even worth it.

    Every one feel free to post your views/opinions/Analysis on this topic ....

    The impact of outsourcing (if any) would only be on lower level software/IT jobs which are getting sent to cheaper destinations. However the GC applicant pool is much wider than just IT/software programmers, so overall the impact would be smaller.



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  • rajsenthil
    06-10 01:44 PM
    Quite honestly, if that is how you feel - perhaps you'd need to reconsider relocating to your home nation. I'm Indian, who grew up in the Middle East. I've lived in the United States for 6 years. I've always felt quite welcome and accepted in every way possible. I believe I've been treated fairly and have had the opportunity to live with Americans and contribute in positive ways. I continue to live here, primarily based on these sentiments. I'd never live here if I felt the way you do now. Nicely put ryan. This country has given me a lot that I could think of. I may get GC lately. But that does not stops me what I want to do right now.





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  • quizzer
    09-27 02:12 PM
    I received an RFE from NSE on Sep 2nd week asking me to prove that I have 5 years of experience after completion of degree.

    Country: India
    Date of Joining with current employer : Jan 2006.
    PERM Filing/ Approval Date: Aug 2006.
    I-485/ EAD filing Date: July 2007.
    I-140 RFE received date: Sep 2007.

    The RFE reads as follows.

    ---------------------------------------
    "Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
    If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
    ---------------------------------------

    This is my history.

    I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
    I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
    But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.

    I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
    I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.

    The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.

    Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.

    My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.

    I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.

    Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?

    Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow


    What was your I140 receipt date at NSC?



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  • chanduv23
    02-07 12:47 PM
    Some tri staters have reported sending out multiple letters - will get the number soon





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  • Hydro
    03-17 01:35 AM
    Helo all,

    My mom had filed for an F2B category immigrant visa for me. Consequently, I attended an interview at the US consulate in Chennai, India and was given 221 (g) blue slip and asked to wait. When I contacted the embassy after 3 months I was asked to wait as my case is under administrative processing due to name check.

    Any idea how long more I shud be waiting, andyone in the same boat

    thnx





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  • Bthram
    06-06 09:06 AM
    What reason did you give for declining this promotion? what kind of company is this ? how big ? would your salary increase ?

    Maybe if you answer this, I could think of something..but as of now..if its a good company and you like it..explain to them the nitty gritties about how change in occupation, classification, salary etc would jeopardize your GC process...i can give more suggestions if you want to send me a PM..

    Congrats on the promotion tho..:)

    Answers to the questions above:
    1. The company is a Manufacturing company.
    2. They have 17,000 employees.
    3. Yes. Salary has changed but not significantly.





    drona
    07-06 11:25 PM
    Well said Janilsal. I wish we could improve the atmosphere here in IV. Less bickering, insulting and abusing each other, and more cooperative effort and sharing of knowledge to help each other. We might even increase our membership. I know a few people who stay away from IV because of all the insults and abuses that are posted.





    sandy_anand
    11-02 02:21 PM
    I'm getting my bag of M & M's and box of Kleenex tissues ready.

    Hahaha funny! :D



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