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  • bestin
    10-21 09:40 PM
    140 APPROVED.

    In addition to the first RFE as above,i received one more RFE.In the second RFE they mentioned that education and experience satisfies labour,but wanted more documents from company to prove A2P.Company sent tax returns and got the approval in 6 days.Yet to receive the notice.


    Good luck to all waiting for approval.





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  • InTheMoment
    08-17 10:19 AM
    That is unfortunate. I hope everything gets taken care for you and you get the receipts.

    When things are all set, why don't you send an official complaint to the USCIS about the doctor. I wonder how she became a "Civil Surgeon" if she doesn't know as simple a thing as sending a supplement form for vaccinations. It would be good to get such doctors weeded out of the USCIS system.

    I recd supplementary forms to I-693 for my wife and I from the Civil Surgeon earlier this week. Along with the supplementary forms I recd two envelopes (one addressed to me, and the other one to my wife) that had DO NOT OPEN written on them. I sent these to my lawyer's office.

    I called the doctor’s office and this is what I found out. Apparently, when the doctor had first given us the sealed envelopes (in June 2007) she didn’t know that the Supplementary form needs to go with the certification she provided us in the sealed envelopes. We sent the sealed envelopes with our Concurrent I-140 = 485 application recd at NSC on 7/2/07 (as per UPS). Now, some of her clients have recd letters from USCIS asking for the Supplementary form, so she has sent the same out to all of her clients regardless of them getting a letter from USCIS. I hope our application doesn’t get rejected due to this; no checks cashed as of today.

    My lawyer's response: No the application should not get rejected because of this...however we will submit the supp doc's report to the USCIS when we get the receipt notices.

    Anyone else in the same boat? Is this something to worry about? See signature for more info...





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  • cygent
    07-02 04:43 PM
    You cannot sue them for any of the above.
    3) See (2)

    kaisersose,

    I see your point in 1) Ok, I will agree with that. My mistake.

    But from 2) it is very clear injustice. You just mentioned that they made a "choice" not to burn unused visa's, well then that choice obviously excluded the rest of the field, in terms of the rules. Of course, they have the excuse of backlog + 2007 visagate, but that does not redeem their actions. The root cause is because of how the laws were crafted.

    Similar argument for 3) - They must be held accountable.





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  • miguy
    07-22 11:40 AM
    Please check my question in blue below

    Fitz,

    Following is some clarification that I got from my Lawyer..

    1) Will there be any problem if I am not able to make it back on Oct-1st, due to any unforeseen reason, If 485 is already received by USCIS and pending?

    a) You need to be physically present here when I-485 is filed. After that, it doesn't matter where you are. At some point you may be scheduled for fingerprinting, but you will likely have months for that.

    Is this true? So, you don't have to be in US during the entire process of I-485 application?

    2) If we leave on TN after filing AOS is there any chance that USCIS will consider the AOS request abandoned even if we return on Oct-1st in H status?

    a) An I-485 can't be abandoned simply because you left the USA

    3) Once we file 485 do we need to wait for the receipt before traveling abroad?

    a) No.



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  • diptam
    06-26 04:07 PM
    I work for a wierd desi company - They are okay payment wise ( though they also make lot of money out of me) but 485 fees they dont want to take up right now.

    for me company is paying for everything except medical..





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  • kaisersose
    03-13 04:58 PM
    This is the danger with a "green card shop" company. They constantly have people joining and leaving them. Not a problem for H-1b but a major problem with GC processing.

    Here is an example with company X which has ability pay for up to 50 employees at any point.

    X applies 30 I-140s in 2005 [less than 50]
    X applies 25 I-140s in 2006, and 20 of the 2005 count have quit. Total employees are less than 50.
    X applies 30 I-140s in 2007, and another 20 have quit. Total employees are less than 50.

    One would think since they have less than 50 empoyees and ability to pay for 50 employees, they are safe. This will work for H-1b, but not for GCs.

    Since GC is for future employment, the company is required to have the ability to pay all 85 employees after they become permanent residents. It does not matter if they have quit the company. The asumption is all 85 will be employed by X on GC approval and so X is expected to be able to pay all of them.

    This is what has happened here. When such a problem comes up, then they can (and sometimes do) pull back previously approved 140s too.



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  • snowcatcher
    01-28 10:12 PM
    I am from texas. I went to the state chapters, and pmed some people about contributing. I will do my best to convince few more friends to join and start contributing.





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  • EkAurAaya
    10-11 01:03 PM
    My labor cert priority date is Aug 21, 2006 and my 140 EB2 was filed in Dec 20, 2006 and I received the RFE last week from NSC.

    I did complete the masters program but did not have the official certificate in hand. On my certificate and official transcripts - the date of graduation is the day the certificate was issued - which is Jan 2007 - which is the graduation date according to the verbage.

    One of my friend got his degree certificate after 3 years but in his case he had to submit his final project (without which they would not consider the course complete)... in your case if you have completed all requirements then all you have to do is get an official letter from your school supporting your claim (that you completed all required courses in time), i think that should suffice...

    Go with what your lawyer suggests

    Good luck



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  • cygent
    07-01 04:45 PM
    20K ...is that what it cost you so far ??? that is way too expensive.. I agree how can a poor laborer afford such fees ?

    I am single & have invested $14k towards GC (old labor RIR itself $6,900/140/485/ead/ap/premium fees) & still counting (coming up $1000 for H1 extension, $700 ead/ap renewal). And to think initially my Attorney quoted $7,500 :mad: for the entire process, then manipulated to the current fees.
    If I had known all this b4hand, would have just found someone to marry years ago. Now I cannot afford a decent apartment/stable address with all these hurdles. :mad:





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  • neerajkandhari
    10-25 10:02 PM
    same boat
    no AP as yet



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  • Bogdan
    10-22 01:02 PM
    Did you fill any I-9 form or your hr filed it? the status of the applicant is decided by the I-9 Employment eligibility form.

    Even otherwise i dont think it is a problem, they can change the form again to show your respective status ?

    I signed a I-9 form in 2005. At that time, I indeed was on a marriage based EAD because I had an I-485 pending, which later I withdrew and went for H1B. Since then, nobody talked to me about changing the I-9 (I should have thought about it though). However, I provided them with a H1B copy when it was issued.

    Since HR mentioned that my EAD expired and they needed a new one, it is clear that they were not refering to the old EAD (marriage based I-485), since that one expired in 2006. So somehow the lawyers, to whom I gave a copy of the EAD last year (they requested it), forwarded the EAD to HR.

    Of course HR can change my status in their records now (by renewing the I-9?), but I am worried about the damage is done already and my H1B is invalidated. I don't know how I can find that out.





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  • pune_guy
    06-05 07:43 PM
    Hi,

    Both, me and my wife, have EAD and AP. I am still working on H1 and she is not using her EAD (other than to obtain SSN).

    We do not see her working for another year or so. I may switch jobs using AC21 and may do so using H1B transfer or EAD.

    So here's my question:

    1. Can I skip renewing her EAD and renew just mine?

    2. Can we renew her EAD as and when we feel the need, which may be later than the expiry date of her current EAD?

    I'd appreciate your thoughts on this matter.

    Thanks



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  • hur11
    01-22 10:29 PM
    The way u r replying seems to be u r one of those in that frustated waiting list. I only can wish u the best.





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  • kondur_007
    10-16 12:11 PM
    I am a July 2nd filer with PD of OCT 2006. I am planning to switch my employer using EAD. Should I notify USCIS with AC21? What is my best option? What is the risk?
    I appriciate your help.
    Thank you

    There are two options here:

    1. Document that you are porting using AC 21; keep the documentation with lawyer but do not send it to the USCIS

    2. Send the above documentation to USCIS.

    The best option for YOU depends on specifics of the case: details of PERM (job title, job description, prevailing wage, location etc), your new job (job title, job description, wage, location, financial stability of the company etc) and your immigration history. (any out of status time etc). This decision is best made by a competent lawyer so that you do not face problems in future.
    I will highly advise you to get help from a good and competent lawyer; it's money worth spent.
    Good Luck.



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  • fatjoe
    10-06 05:12 PM
    How did you know that your case was pre-adjudicated on Sept 18th 2008?
    Is there anywhere that information is available? Thanks.

    Take an infopass. They can tell if your case is pre-adjudicated or not.





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  • ca_immigrant
    08-05 02:10 PM
    Thanks for your hard work, hope more and more people come here to sharing their valuable business experience. Let improve business skills together. Thanks your suggestion. Just for my need. I've been listening to this album a bunch recently. Really great. I'll assume this is directed to me since it's right under my post. stainless steel pipe (http://www.steelpipes-china.com/)

    what is with the pipe dude ? looks like a spammer....



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  • milind70
    10-30 01:18 PM
    Hi,

    I recieved my EAD card recently and noticed that the date of birth on the card is not correct(I filled the application incorrectly the montha day got swapped),can you please suggest on what i have to do to correct the date on the card.

    Take infopass and speak with I/O in this regard.I think you will need to refile and pay fees again as it was your mistake on the form.





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  • abhay
    01-20 09:16 AM
    Thanks Ann for responding.

    RFE was for I-485, Priority date is Aug 2006. I-140 is approved.
    RFE was asking to show that I was in valid visa status between 1997 and 2000, but surprisingly, I came to US only in 2000 that too on 2 business VISAs so I never worked in US until 2001. My Lawyer sent an affdavit stating that I was not in US between 1997 and 2000 and I was on business VISA on two occasions in 2000, also letter said that if they wanted we could send them the copies of stampings on the passport.

    Thanks again.





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  • arindamb
    03-25 08:44 PM
    I feel "related" might be the key word that can cause discomfort for a lot of people. How does one determine that ones job is related to his/her degree ? This might finally be left upto the discretion of the USCIS.

    One might have studied electrical engineering and then get in a job writing embedded systems software. Will that be a related job ?
    One might have an MS in Biological sciences but might be writing software for genetics. Is that a related job ? The list can go on.

    How far can one digress from ones degree major to still be considered related.
    I presume we might see a lot of confusion regarding STEM if the whole thing is made into a law.





    keepwalking
    05-14 05:41 PM
    Thank You

    Texas





    gcwaiting17
    10-14 11:55 PM
    still waiting for FP ...