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  • calgirl
    08-07 11:46 PM
    When did you contact the Senators office and how long did they take to retrieve this information for you?

    Thanks.

    I have filed for my EAD and 485 in july 2007. I have not got my EAD due to Name check (dont know why they cannot issue EAD bcos of name check).
    Well in my case USCIS did not give me any information.
    So i had to call the senator office. Their office contacted the TSC, and got the information that my case is pending Name check.
    Now i know my case is pending name check, whenever i call USCIS, they submit a request to provide me an update and ask me to call after 1 month, 2 months and like that.
    So i have stopped calling USCIS and directly call the Senator office.
    Infopass does not show any appointment dates in Altanta region. So i am relying on the Senator office.
    So may be you can try calling the Senator office and ask them to followup with your case.





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  • michael_trs
    05-13 03:35 PM
    Smisachu, I agree, I need to add alternative education… thank you for your advice.

    What about “requirements normal for the occupation” is this Yes or No for Master's + 5 years ?

    What is your experience?





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  • psaxena
    02-04 07:24 PM
    Hi All,
    I have created the evite invitation for the members who would like to attend the Meet & Greet Event. The location is not yet decided but can be decided based on the number of participants.

    Please find below the link for the evite.
    http://www.evite.com/pages/invite/viewInvite.jsp?inviteId=FCRJTQXZAHRPZTMFUNXT&li=iq&src=email&trk=aei6

    Before entering the details please make sure in the "Reply Here" box to click on
    "NOT member.iv@gmail.com" and then enter you name and members attending the potluck item you will be bringing. please refer to the comments of the other members attending the event to bring in more variety.

    Lets make this event successful. Small steps to our successful future.
    All the best.





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  • rbharol
    09-20 12:24 PM
    Can a person who is on H1B visa engage in an internet business (and receive income from it) from home ? I do know a couple of people who used to do that.

    Thanks in advance for your answer.

    Answer from my Lawyer is No.

    I tried to commercialize my website which you see in my signature. Plan was to sell
    the consulting services and sell gem stones. I am on H1B and Lawyer said do not do it.



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  • forgerator
    11-11 11:49 AM
    Thank you for the post. It is really helpful. May I know if the new job should be >=50% different from the current job (EB3) offer? Or it doesn�t matter because of the MS requirement?

    Thank you
    Project_A

    It should be greater than 50% different if you wish to use the previous position's experience.

    Here is how it happened in my case

    Company 1 - 2yrs exp

    Company 2 position 1 - 3 yrs exp

    Company 2 position 2 - 0.5 yrs exp (I was able to only reclaim the 2yrs exp gained at company 1 but that along with my existing MS degree was enough for filing for EB2. In company 2 both position 1 and position 2 are similar so I could not use those 3 yrs for my EB2).





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  • Apollon
    06-30 12:16 AM
    The answer is that there are restrictions on using experience gained in the position with the same company. The reason being that you cannot say that the minimum requirement for the position is a BA + 5 when you were hired for the position with less than a BA + 5 experience.

    If you use experience gained with the same company the PERM application will be audited. One way to respond to the audit is by showing that you are filing for a different position than the one you gained the experience in and that the position for which you are filing is not substantially comparable to the position where you gained the experience.

    My suggestion to you is that you use an experienced immigration attorney that you trust. The laws and procedures involved in filing a PERM application are so complicated and subtle that there are many immigration law attorneys who do not handle PERM cases. I know there are lots of companies that fumble their way through the process without an attorney and are lucky enough not to get audited, but that is just trusting your future to the luck of the draw.

    Thank you very much for prompt and precise response. The reason you listed makes perfect sense. However, my situation is a little different and I have a couple of questions, directly related to your answer:
    1. As I've mentioned, I do have close to 10 years of accumulated overall experience in my field - only half of it came before I graduated. I was already employed in this field before I started college and during it, and I have experience letters from employers to back that up. The only thing is, since I didn't have a degree, my job title didn't include "engineer" in it, although I was working same field, doing similar jobs. So, it's not that when this sponsor hired me for this position I did not have 5 years of relevant experience in the field - I did, it's just that half of it came before I got the degree and unlike DOL EB2 requirement - my sponsor did not have the restriction for this experience to be post graduate.
    My first question is: will this argument work with DOL, saying that when the sponsor hired me I had over 5 years of relevant experience (I can prove it), just not post graduate experience and that is why the sponsor claims this job indeed requires B.Sc. + 5 years experience, although for them it's OK if the experience didnt come after I got the degree?
    2. Hypothetically speaking, lets say I found another consulting company, which is willing to apply for my green card through EB2 track, without transferring my H1 visa and before I actually start working for them - will I be able to count these 15 months of experience with current sponsor, when the new company (who I don't work for) will be applying for my green card through EB2?



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  • GCHope2011
    05-15 11:25 PM
    Current Status: H1 (visa stamp expires Sept 2011)
    Citizen-India
    Current: Company A (Has filed for h1 extention on May 1 under normal processing)
    Future: Company B (Has filed for Transfer under Premium Processing as of May 6)

    Currently employed with A. Company B lawyer has filed a transfer on May 6 Premium Process.(I believe current status is LCA is under process).

    I plan to resign on May 21 with A and travel abroad to Dubai On May 22. Will be back on June3 to usa
    >Can i travel abroad even if my tranfer is under process
    >When i enter, what documents do I need to show at POE?
    > Can i enter with Company A visa stamp
    >Any issues if current employer informs USCIS about my resignation?

    Its a emergency travel i cannot avoid. What needs to be done to make my trip
    Please do confirm with a reliable attorney as some interpretations of the rules indicate that leaving the country while an application is pending for adjudication implies abandonement of the application.

    Not sure if it applies in the case of H1 transfer pending case or not... so it is best to check with someone reliable.





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  • Blog Feeds
    01-25 02:20 PM
    Last week, Congressman Jason Chaffetz (R-Utah) introduced the Bipartisan Reform of Immigration through Good Enforcement Resolution in the lower house of Congress. According to Congressman Chaffetz, the resolution does three things: � make E-Verify mandatory for all employers, and hold employees accountable as well; � provide sufficient border infrastructure and manpower to secure and control our borders; and, � reject amnesty and any legal status which pardons those here in violation of our laws. At first I thought this was the usual anti-immigrant measure we expect to see from the folks in the Immigration Reform Caucus. But an interview with...

    More... (http://blogs.ilw.com/gregsiskind/2010/01/compromises-coming-on-immigration-reform.html)



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  • newuser
    12-02 10:10 AM
    I had a similar issue six months ago.

    I booked the tickets after seeing the approval notice online hoping that the documents will reach me in about a 3-4 days. It took more than 8 days by regular mail and I have to cancel my travel plans.

    Since the documents are mailed already, they won't allow to take an Infopass to go to the local service center. USCIS said that I have to wait until 30 days to raise a request.

    Hope you get the documents on time.





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  • doudou
    06-25 07:17 PM
    Has he already filed? Can you send in your application before July 01 dateline?

    Gene
    Thank you guys. This scares me. I believe he already filed. At least that is what he told.



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  • satishku_2000
    08-23 10:01 PM
    Response times are now determined by service centers. Earlier it used be be 12 weeks but now it depends on evidence type



    Memo accoring to murthy.com

    http://www.murthy.com/news/n_restim.html

    USCIS Clarification on Response Time for RFEs/NOIDs
    Posted Jun 22, 2007
    �MurthyDotCom
    The USCIS is implementing changes with respect to the deadlines for responses to Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs). MurthyDotCom and MurthyBulletin readers were informed of the final rule on flexible response times for RFEs in our May 4, 2007 article, USCIS Regulation on Response Time for RFEs and NOIDs.
    �MurthyDotCom
    The USCIS now has issued further clarification regarding timeframes for RFE and NOID responses in its June 1, 2007 interoffice memorandum. This guidance was issued to the appropriate USCIS directors in order to clarify procedures that became effective on June 18, 2007. This guidance is intended to establish the proper RFE and NOID deadlines, now that we will no longer be operating under the earlier, standard 12-week response time for an RFE and 30-day response time for a NOID.
    �MurthyDotCom
    TYPES OF FILINGS FOR RESPONSE WITHIN 30 DAYS
    �MurthyDotCom
    Missing or Incomplete Initial Evidence
    �MurthyDotCom
    According to the USCIS's June 1, 2007 guidance, applicants and petitioners can be given 30 days to submit missing initial evidence that the form requires, regardless of the nature of the form. Initial evidence is essentially basic, required documentation that is fundamentally necessary in each case.
    �MurthyDotCom
    The USCIS can deny a case outright for a lack of initial evidence. The issuance of an RFE is purely discretionary on the part of the USCIS, when, in their opinion, the initial evidence was not provided with the filing.
    �MurthyDotCom
    I-539 Requests to Extend / Change Nonimmigrant Status
    �MurthyDotCom
    The USCIS also established a 30-day response time to any RFE issued with regard to Form I-539 (Request to Extend / Change Nonimmigrant Status). The Memo explained that the USCIS determined lengthy RFE response times to be inconsistent with the purpose of Form I-539. Therefore, RFEs related to Form I-539 filings will have 30 days to respond.
    �MurthyDotCom
    OTHER TYPES OF RFE RESPONSES
    �MurthyDotCom
    Evidence Available within the U.S. : 42 Days
    �MurthyDotCom
    If the USCIS believes that the missing evidence is available within the U.S., the RFE response typically will be 42 days. This applies to all forms, other than the I-539, discussed above.
    �MurthyDotCom
    Evidence to be Obtained from Abroad
    �MurthyDotCom
    If missing evidence is available only from outside the U.S., then the USCIS typically will provide applicants and/or petitioners with up to a total of 84 days to respond to the RFE. This also applies to all forms, with the exception of the I-539, discussed above.
    �MurthyDotCom
    CONCLUSION
    �MurthyDotCom
    It is now more important than ever to make every effort to completely document a case before filing. The importance of providing all of the initial required evidence is going to become even more important now than before. Failure to respond to an RFE, with all the required evidence and in a timely fashion, will likely result in a denial. It is important to take the time to file correctly, rather than rush. At the Murthy Law Firm, we believe that it is always better to obtain a slow approval than a quick denial!





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  • mjdup
    01-24 11:41 AM
    dionsys> How much have you contributed thus far? May be you should involve in one lobbying effort and see what the core goes through, walk the talk please !



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  • lostinbeta
    10-03 01:45 PM
    mwwwwwahahahahahhahahhahhhaaaaa :evil:





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  • GreenCard4US
    07-16 07:14 PM
    I don't know where there is thread regarding this but this quite a serious matter, we should up the ante. They are sending millions of faxes to all Senators with this false information and guess who the Senators will believe. Can we sen counter faxes but will get lost in their faxes, maybe need to call them. Lets not forget this issue while waiting for the bulletin.



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  • i99
    09-19 12:39 PM
    ... this means nothing. it might mean "none of the above" in a multiple choice situation and might be put by mistake. might be good to have it corrected though. :rolleyes:

    --a person who does not know what happened to own application at all. :)





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  • tnite
    08-09 10:45 PM
    Thanks to all for their prompt reply on my situation. I am in NJ/NY area. And considering short term course during the period of Jun 2008 to October 2008. Which is almost 3 months. Any one have any idea if any kaplan center or community college provide courses or I20 in summer session?

    Getting job in university and some non profit organization is another good option. If we consider that, we can apply for H1 anytime? Please advise some more in this option.

    Yes marriage is another option, but only 50% is in my hand for this option.

    Please please guys, get me some way out of this situation.

    Oh, since my H1 has been denied, can I file for 'Motion to ReOpen'? How long USCIS take to decide on MTR and what are my chances there.

    The best option for you is go back to a community college to bridge the gap. Motion to reopen will take a long time.



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  • desi3933
    05-21 06:50 AM
    I understand two I-140s, one existing (EB-3) and second new I-140 (EB2), but you have also mentioned more. Why need more than two, in what circumstances?


    Example -

    PD Jan 2002 EB-3 I-140 (Job Title: Senior Programmer)
    Filed new I-140 on March 2004 for EB-2 I-140 (Job Title: Project Manager) and claimed earlier PD of Jan 2002
    Filed new I-140 on Feb 2009 for EB-1 I-140 (Job Title: Director Software Division) and claimed earlier PD of Jan 2002

    Beneficiary can claim PD of Jan 2002 with his EB-1 I-140.

    Please note that I-140s can belong to any employer, but they all must belong to same beneficiary.

    _________________________
    Not a legal advice.
    US citizen of Indian origin


    .





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  • sr77
    09-26 02:08 PM
    I think you are already late. You should have done all you can, like meeting the senator, writing to uscis, infopass appt, as soon as you PD was current. Now the Visa numbers are over for the FY 2010. You may get lucky in October when new visa number are available. Hope this helps.

    This is disheartening...





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  • stemcell
    02-11 11:55 AM
    MOE

    Please 'no more posts' and 'GOODBY' :D





    sukumar05
    10-08 04:57 PM
    i am in the same boat..applied for GC in august but not married yet..
    From my understanding, i can add my spouse later when she's here and my PD is current but before my gc is approved.
    there are two worst case scenarios,
    1) If GC gets approved before marriage. there's nothing i can do other than marrying someone, who has her own visa. I know this won't happen.
    2) GC may get approved even my PD is not current but after marriage, then I would have 6mo grace period to apply for her. This may happen due to uscis messing up with dates..

    Please someone let me know if I am missing something..





    shaikhshehzadali
    07-11 11:35 AM
    No big deal man...mine was approved in 2 days from NSC..;)



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