Wednesday, June 15, 2011

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  • peer123
    04-17 09:19 AM
    Check the directory of occupational titles and ensure the new and old jobs have the same / very close occupational code. You can find it on the DOL website. Duties is one thing, but the code is also important.

    I did check, job code is 13-1111.00. the two titles used in labor cert are principal management consultant -system analysis - this is primary
    and system analysis - mentioned in related occupation

    the approval job code is 13-1111.00 - the new title i am getting is system analyst.




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  • chandrajp
    08-15 03:26 PM
    I sent back a new I-693 form along with TB testresult (thru USPS). USCIS received the document on 08/14.
    Today (08/15), I got a mail with contents
    "Current Status: Response to request for evidence received, and case
    processing has resumed"
    Do you have any idea, how long it will take to approve the 485 after they receive the RFE documents.
    Do they still continue to approve the cases after Aug 17th?

    I got an RFE for the latest employment letter. After I sent the required documents, in about 8 days I got approved. I'm hoping yours should be close




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  • sam_hoosier
    03-11 04:50 PM
    I too work for my wife. Example of work, doing laundry, taking kid to his day care, grocery , cleaning etc... The specific answers are below

    1. Can "A" work for his wife and also get paid in check?
    - I get nothing, why should you?.
    2. Can "A" have a second job in his wife's company and retain his original job?
    - Come on man, her majesty's service has to be your first job.
    3. Can "A" have a different occupation anywhere else on EAD not related to his original job role? and then can "A" get paid in check?
    - No comments
    4. Can "A" work for his wife's company and instead wife gets the check or paid? Is that legal?
    - Every thing is legal, till you are caught. See Elliot Spitzer..
    5. Can "A"'s wife open a company on EAD and also keep working on her H1B?
    - Who is this "A" you are continously referring to. Remind me of Amitabh's song. Ek rahe A , ek rahe B, Ek rahe fateh, ek rahe hum.
    6. Can "A" and his wife after EAD work for 2 different jobs if the job description/roles are different?
    - No comments
    7. Can "A" work as volunteer in his wife's company?
    - Come on buddy, you volunteered for the service the day you got married.
    8. Can a software analyst working with a software company work as a trainer in a training institute on EAD with I-140 either pending or approved?
    -No comments

    LOL......:D:D




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  • ravi2patel
    07-24 08:41 AM
    If the new company has a "succession of interest" clause in its take over, basically where it "succeeds to the interests and conditions of the previous company", including it's immigration interests such as your employment based immigrant visa application, you should be able to continue with your application. I guess you would have to include a "succession of interest" document with your application.

    I had to do the same thing with my company when it was taken over. However, this happened during labor certification stage so I dont know if it would be different for I-485. Please c nsult with an attorney though, maybe even three or four different ones and give them the exact details of the takeover.

    Hi..what is "succession of interest" document...is it the actual 'merger' contract ?

    Other problem i have is getting hold of an attorny as all are busy with the aug.17th deadliners...let me know any good ones in central,NJ area. Thanks



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  • adibhatla
    06-16 11:59 AM
    I think people should refrain from making congressional enquiries just to get a status update on their case. It should be used only under special circumstances, RFE, rejection, etc.

    If everyone starts doing this, these congressional offices will just not entertain our genuine requests anymore.

    If you really need to check just the status, take an Infopass.

    Just my 2 cents.

    va_dude

    Thanks Dude. I am in a rejection situation (of I485) here and had opened an MTR in December' 08, haven't heard since them from USCIS.

    Regards

    MA




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  • trueguy
    08-08 06:08 PM
    I tried that info from but that info is not complete. I know there are more people on IV site than any where else so thought of doing this poll.

    Thanks



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  • raj2007
    02-18 01:36 AM
    Folks,

    I need to invoke AC21 at the earliest. I have applied my 485 and I-140 concurrently on Aug 17th. It has just been over 183 days. My 140 is still pending. Due to some reasons, I have to leave my current employer immodestly.

    I know there has been lot of threads discussing about risks involved with using AC21 without approved 140. But I do not have an option at this point. My PD date is Nov-2004 and the way I-140 's are being processed, it is going take at least couple more months before I can expect my 140 approval.

    I have the following questions:
    1) I read in Aytes memo, that if it is over 180 days, they would check for evidence that the case is approval or would have been approval had it been adjudicated within 180 days. Now, if the USCIS sends an RFE for 140 after 180 days, would it still go to my old firm's attorney? If yes, then how would we handle this scenarrio...

    I work for a Big 5 Consulting firm and ability to pay should not be an issue. As far as my education is concerned, I have Bachelors in Computer Science Engineering from India and a MS in the same field in US...My experience matches the labor cert. requirements. What are the chance that I might get an RFE? I filed my application at TSC



    2) Also, if the 140 is approved, it would go to my old company's attorney..right? How would I get a copy of the same.
    To your old employer

    3) If I invoke AC21 using my EAD and in the worst case scenario, if my 140 and 485 is rejected, can I then transfer my H1B to an other company (I still have some years left) or will that be a problem because I was not on H-1b at that time?

    For invokig Ac21 doesn't mean you have to use EAD..you can transfer your h1 to new employer.
    Would it be treated as a new application where in I have to try to get into the quota or it would just be a normal H-1b transfer...

    Also, I'm looking for a good attorney to help me invoke AC21...Please advise!

    Gurus... please help me with your suggestions.
    chk above




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  • nogc_noproblem
    04-24 09:48 AM
    Live webcast can be viewed during the hearing

    http://judiciary.house.gov/schedule.aspx

    Check Box for "Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law" to be selected to see the appropriate schedule.



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  • gc_chahiye
    10-09 04:22 PM
    Hi,
    I called up and spoke to the IO and asked him about the rejection of I-485 due to old fees and he defended that the application would be rejected without the new fee, I tried to explain him about the July bulletin 107 and that people who were on employment based category and whose dates were current should have used only the OLD FEES till August 17th, he did not agree about it and I did not force the issue!

    If the IO officers don't agree about the right facts how would the people who just check the fee! I am sure that is why my application was rejected!

    I am not sure what to do! Can somebody suggest anything!

    How to let those people know that when we applied in August there was a bulletin which said that we can apply with old fee!

    ask them to look at Questions 7 and 9 in USCISs own FAQ related to 485 filing and the July VB:

    http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf [pdf]

    Q7: Which fees apply to I-765 and I-131 applications associated with AOS applications filed on or after July 30th under the July Bulletin?
    A7. The fee of $180 for Forms I-765 and the fee of $170 for Form I-131 will remain in effect for those aliens eligible to file an employment-based adjustment of status application pursuant to July Visa Bulletin No. 107. These fees will remain in effect for all such applications filed between July 17 � August 17, 2007.

    Q9: Will customers eligible to file adjustment applications under July Visa Bulletin No. 107 have the option to pay the NEW filings fees in connection with adjustment applications filed on or after July 30, 2007 and on or before August 17, 2007?
    A9. No, customers will not have the option of paying the new filing fees for adjustment applications.
    USCIS has determined that aliens in employment-based categories filing applications pursuant to July Visa Bulletin No. 107 should be subject to the pre-July 30, 2007 fees as that fee schedule would have applied had aliens been allowed to file throughout the month of July




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  • gclabor07
    11-05 09:55 AM
    What an inspiring story. Our GC journey feels pale in comparison to the plight of poor, sick, and mentally ill people face in India.



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  • sledge_hammer
    04-15 07:46 AM
    See my answer in blue ...

    All,

    I know as you all have reached 485 stage so you might be experts who can help answering few of my questions...
    1) I work with a company who applied for my labor last year, its approved and now they are filling 140
    2) Am applied in EB3 so not sure how many years it will take to get 485 dates to priority dates of 2008 ... am thinking abt 5-8 yrs
    3) My wife works in a company who wont apply for her Green Card they dont have a policy
    4) Her visa expires after 2 yrs ...
    5) If I ask one of the consulting companies X to apply for her green card for future employment and pay all the cost for the green card.
    6) Assuming she gets 140 in next 2 yrs before her visa is expired.

    Questions .....
    a) Can she renew her visa for 3 yrs with her current employer based on 485 filling pending with company X ?
    No
    b) How much would it cost to apply a green card upto phase 1 and phase 2 ...I might not actually require 485 stage. I just need her processing upto 140 stage so that she can keep renewing the visa until I get my 485 cleared ...in case I leave my job then we might think for her to apply 485 but chances are less.
    Depends largely on the attorneys. Anywhere from $2,000 to $7,000
    Experts please guide me if this plan would work and if yes how much would it cost me ...

    Thanks in advance ..
    Lalit




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  • LongJourny
    02-03 10:54 PM
    Hi Guys,

    Thought you might interested in my case status. I have visited chennai consulate and my case was approved without any questions raised. They did not even asked any documents for verification. All I submitted were DS 156, DS 157 AND I797. I am glad to share my experience. Thanks for offering suggestions and sharing your experience. :D



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  • yagw
    12-14 07:59 PM
    Got red with following comments:

    "reputation" ?? lol this is a website, and these are forum ID's , they dont represent anything tangible or personal, please work on the real issues and leave the green/reds for school kids to fight over, thanks

    If green/reds are for kids, why the f*** you use it moron. If you have guts come out and say it in the thread. Otherwise, get the f*** outa here.




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  • aamchimumbai
    08-05 10:03 PM
    it was pending..pls check the PM I sent you.

    Thanks for your PM. Is it possible for you to provide additional details so that I can analyze your situation vs. mine.

    I sent my I-485 application thrice to NSC and they returned my package. Although, the response rejecting my application was received from TSC, how funny!!

    Anyways. I am hoping for dates to move forward in both category in Sep08 bulletin.



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  • cooldude0807
    06-01 05:10 PM
    I recd an RFE too even though i filed AC21 in feb. My lawyer sent the required docs & from May26th there has been a soft LUD everyday...the status says "Response to request for evidence received, and case processing has resumed". Also there is no RFE on my wife's case.




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  • pappu
    11-20 01:23 PM
    All pls PM each other and exchange phone numbers and emails so that you can start building your local IV community. Once you have contacted each other, you can start the action items for state chapters.Core members can help you whenever you need help. However we want local members to organize themseves and form a community so that future events can be planned.



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  • thescadaman
    12-16 10:43 AM
    If EAD and License have same expiry then what happens for license renewal during that last 6 months. It appears, I am going to get in a similar situation. My conern is about the remote possibility - What if my license gets damaged or lost during those last 6 months. As per their current law they will not issue a replacement license since the EAD is not valid for more than 6 months. EAD can be renewed 120 days before and for license to be renewed the EAD has to be valid for more than 6 months.

    The last 6 months of "no-license replacement" is making me very anxious.




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  • WeShallOvercome
    07-23 04:26 PM
    You cannot file EAD/AP without the Receipt notice. Since u will be filing it urself anyways(no layer fee involved), y dont u file it with just stating the 485File number in the covering letter, also attach the prints of the checks cashed.

    I would say its worth giving a shot.

    [You may also state any lame reason that u/employer/lawyer have misplaced the receipt notice in the covering letter ...try this at ur own risk]


    Thanks pa_Arora

    That's what I'm planning to do in the end. Just waiting for my case to be receipted. Aa friend suggested putting a copy of the FP notice as it looks just like I-485 RN and has all the information in it.




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  • gcdreamer05
    09-02 11:29 AM
    Can an H-4 visa holder living in the US work for an Indian employer via Internet? Can he use this experience while transferring to H-1B?

    To acquire an H-1B visa, all work experience must be live work experience. Work over the Internet is not considered live experience as defined by the H-1B application process.

    In addition, it is against immigration rules to work in any form or manner on an H-4 visa. The immigration rules clearly state that H-4 holders can only do voluntary work.

    Faqs - H-4 Visa (http://www.assureconsulting.com/faqs/h4_visa.shtml)

    I am 100% sure , H4 visa holders cannot work in any position which pays them. It is a violation of the visa.

    Right now are you working on h4 visa via internet (telecommute) ?

    Thanks GCDreamer and sbmallik.
    Are you saying that an H4 visa holder cannot work online for an Indian co. and earn Indian income while residing in the US?




    rameshms
    08-05 08:37 PM
    I have not tried Dish IP TV. If you are only looking at Indian programming, you may want to look at WatchIndia (dot) TV. I must point out that the quality was not great (especially while viewing on a large screen, it was good enough a Dual Core laptop). Recently they have introduced a STB option. I am guessing this maybe good. Anyway, they have a 15 day trial, which you can check out.

    This could be one of your options, as you have a limitation of not availing of a satellite.




    h1bnogc
    07-12 10:31 PM
    Please respond to my question/options...this is very urgent and important given that PD is moving very fast....



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