Saturday, June 25, 2011

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  • apahilaj
    09-29 10:55 AM
    thank you guys for responding...

    I've called them couple of times but they always say that the FP notice has not been mailed but has been ordered (whatever that means).

    I'll call them again next week and try to open a SR.

    may be they are random again as usual in issuing FP notices as well...they might not be going strictly by the notice dates.

    appreciate your responses guys...





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  • fl_gc
    07-15 11:46 AM
    My EB-2 I-140 is pending at NSC. I-140 receipt date is 03-21-2007. Processing dates shown for NSC for I-140 is 07-18-2007. My PD is not current but wanted to know that if anybody is in similar situation?





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  • WaitingYaar
    01-18 09:00 PM
    Is it possible to set up a poll to monitor the rate of I-140 approvals from NSC for eb categories?





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  • arnet
    08-14 08:32 PM
    1. H4 visa holder can study in US but cant work like F1 visa holder
    2. F1 visa holder can study and work (only for limited hours) in US but cant apply for I-485 as dependent i.e. Green Card as F1 visa is not a dual-intent visa.
    3. After filing I-485 as dependent, if anyone converts from H4 to F1 visa they will lose I-485 i.e. will get rejected.
    4. If H4 visa holder uses EAD then they are no longer in H4 visa (unless they re-enter US using H4 in port of entry). So EAD allows dependents to study and work if they use it. But staying in H4 visa is safer till you get GC compared to using EAD.

    Also the tuition fees waiver conditions changes based on each program (course) you are applying and also depends on each state/universities where you enroll.

    good luck....



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  • lfadgyas
    01-08 07:25 PM
    http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/16244-unemployment-benefits-on-ead-3.html





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  • jkays94
    05-17 07:33 PM
    My lawyers and I have attempted to appeal the decision, however our attempt has been futile: our request for appeal has been denied.

    The judge presiding over my case will be a United States citizen - it would be like telling a child to kill his/her parent... it simply cannot happen! If I were to sue the United States of America, I would be fighting an uphill battle and risk deportation if I were to lose.


    Did you appeal your case to the Board of Immigration Appeals ? Have you sought the intervention of congressional offices ? Congressional offices can ask questions and get answers which you otherwise would never get. What status did you file under ? EB category ? etc

    Judges in the US do not discriminate on national origin or immigration status. There have been cases where legal and illegal immigrants convicted of crimes have sued the US and won key phases of their cases even when the cases were appealed. Examples of such are Jogi v. Voges and :

    In two recent decisions, the Fourth Circuit reversed lower court rulings that had dismissed law suits filed by two Colombian nationals under the Alien Tort Statute. Both lawsuits sought $2 million in damages on the grounds that the arresting authorities had failed to advise them of their right to consular notification and communication.

    While this were not immigration cases, the following case might even demonstrate that Judges are there to uphold the law without fear or favor. In this particular case, a court ordered a US consulate to adjudicate a visa application in 60 days when the applicants had been kept waiting for over 4 years. Mind you the individual was outside the US and still sued and won :

    Mandamus Granted Against U.S. Embassy in Moscow in 4-Year Wait for Visa (http://www.aila.org/content/default.aspx?docid=16767)
    A District Court in California grants mandamus against the U.S. Embassy in Moscow in an immigrant visa case, finding that 4 years is an unreasonable time for an application to be pending and that a U.S. petitioner has standing to bring a mandamus action against an overseas consulate in a visa application case. Courtesy of Kenneth White.

    Finally, I am not an attorney, but I strong suggest pursuing the congressional office route, if need be, use both your congressman(woman) and senator's office to get to the bottom of what appears to be an obvious error. You might want to schedule a meeting with them rather than discuss the issue over the phone and provide all copies of correspondence.



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  • dpp
    06-20 05:32 PM
    Gurus
    Please advice on the usage of A number

    I came here as student and OPT before, the OPT had a A number

    In my approved I-140 i had a A number, both the numbers are different

    While filing the forms for 485/EAD/AP and I-693 ( medical report ) i saw a field for A number

    Which number must i put in the field

    Regards

    Do you have I-140 approval notice with you? If so, A# is going to be there just above the Beneficiary name. Nowadays, USCIS is assigning the A# when they approve I-140. This is what i got from my attorney Rajiv Khanna. Do not listen to them who says it comes only when I-485 is approved. Once I-485 is approved, there is no need to have A# number otherthan you want to apply for Citizenship or keep it for records. So, it is useful only while applying 485 or EAD or AP.





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  • perm2gc
    08-08 07:56 PM
    I spoke with the lawyer. She asked me to get an affidavit stating the arrest reason and also what happened. She will send this as soon she gets my receipt number.
    I am not having any case/docket number since this happened 4 years back.
    Lawyer is saying this should be ok and this falls under misdemeanor.
    Any suggestion?
    you are ok.try to conatct the court clerk and give them your details or goto the police station and they will give your case number or if they have online system..just search in the system



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  • manand24
    08-14 03:43 PM
    I am also a July 2nd 7:55 filer at NSC, signed for by R Williams. No receipts yet!


    PD 04/2006 EB2 INDIA
    I-140 NSC AP 10/2006
    SELF:
    I-485 NSC RD 07/02/07 ND Pending
    I-131 NSC RD 07/02/07 ND Pending
    I-765 NSC RD 07/02/07 ND Pending
    WIFE
    I-485 NSC RD 07/02/07 ND Pending
    I-131 NSC RD 07/02/07 ND Pending
    I-765 NSC RD 07/02/07 ND Pending





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  • Berkeleybee
    03-07 06:58 PM
    Tagging members who paid so far and who has not is a start for the membership drive. Once we cover the registered members and encourage them to contribute, then we can move on to our friends and companies.

    Excellent -- have you got in touch with Jay to help him, or are these just sitting on the sidelines suggestions?



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  • Ann Ruben
    10-24 11:08 AM
    While there is no requirement that experience letters use language identical to language used in the PERM application, substantive inconsistencies can be a problem. If the PERM appication requires experience in XYZ technology, then the experience letter must mention XYZ technology. If, on the other hand, the PERM application simply requires experience as a systems analyst, then it doesn't matter whether XYZ technology is mentioned in the experience letter.

    So, to determine whether your experience letters are adequate, you should first review Section H
    of the PERM application and make a list of the employer's stated requirements. Next, compare that list to the content of your experience letters. If the letters do not clearly and explicitly cover everything on the list, note exactly what skill, knowledge or experience is missing.

    Then, assuming your prior employers are not willing to amend the letters already provided, identify others (colleagues, co-workers, clients) with actual knowledge of your work and request notarized statements from them to supplement the letters you already have. In addition, if you completed academic or technical course work related to the missing skill or technology, obtain letters from the professors or instructors and/or course descriptions + your transcripts/certificates.

    This basic analysis becomes more complicated if, in addition to documenting prior experience, you are seeking EB2 classification based on "five years of progressively responsible experience". In that situation, not only must the letters document that you possess specific skills, knowledge and experience, they must also document the progressive trajectory of your career.

    A FINAL NOTE: If at all possible, experience letters and related documents should be obtained and provided to the employer/lawyer PRIOR TO preparing and filing the PERM application.





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  • Pankaj
    08-15 01:24 PM
    My understanding is:

    I think in VA you are partially protected against the non compete law.
    If contract says it is limited to maximum of 2 years and you can not work for some specific companies, unfortunately non comptete law is valid.

    But VA gives a write to earn for your living. If you can proove that if you might not have taken this job, you would not be able to earn. Only you can challenge the non compete law.

    Search on google, you might get good reasonable description of non compete law in VA.



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  • nandakumar
    05-02 01:26 PM
    Congrats,

    Great show. we need to keep up the media attention, it will help us to get more members.





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  • sunderbans
    04-07 06:37 PM
    Hi

    I would like to know what you had filled in DS 160 application. Have you ever been refused visa or admission withdrawn application. Is it Yes or No. My spouse h4 (I 539)was denied as I 94 was expired hence leaving country for H 4 stamping.

    Please let me know thanks



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  • lvinaykumar
    05-12 10:55 AM
    good, at-least we are seeing good number of approvals, All the best and good luck guys





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  • h1techSlave
    03-17 01:03 PM
    With out a GC, you may not get the best rate. But you sure can get a mortgage loan while in H1/EAD.

    Hello all,

    Me and my wife are planning to buy a home, we are in 485 stage and both are working and have EAD. Do you think there can be issues for getting a joint loan on EAD ? I still have my H1, but my wife never had an H1 before, so she is working on EAD. Do lenders consider EADs for mortgages ? Did you have any issues with this ?

    Thank you.



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  • imm_check
    11-06 06:34 PM
    From what you have mentioned, the answer to your question lies in the notice that USCIS has sent to your attorney....The letter should have exactly the steps needed and the time to respond....Your best bet is to request the attorney to send you a copy of the letter....

    Personally, I think USCIS would request the empoyer to sign the check or re-issue a new one and send it within 30 days....it is not a big deal....

    All the best....

    Do they send a 797 Notice of action?





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  • GCBoy786
    09-13 03:57 PM
    I received my receipts today... Most of your's might be on the way too...





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  • bbenhill
    03-11 12:32 PM
    Hi, For some reason, their employment based insurance rejected their pregnancy coverage. Do you have a link that show that pregnancy is NOT a pre-existing condition in group insurances (Law website or any links?)

    her pregnancy is sometime around 6 months now and they will need insurance..

    Thx for your help :)





    * Coming as H4 --> So, assuming to join a H1 or equivalent.
    * Spouse must be covered by his employer.
    * As soon as she arrives, she can be included in his insurance (most insurances allow open window throughout the year for new arrivals into the country)
    * Pregnancy is NOT as pre-existing condition in group insurances. It is LAW.

    Relax.





    amitkhare77
    01-30 10:00 AM
    please see my response
    Here's a brief background:

    1. Have EB3 from this company as a Software Engineer 15-1031
    2. Have a MS + 3 years PRIOR to joining this company
    3. Plan NOT to use experience gained from the current company for EB2

    Can someone please help me with which approach will have the highest probability of success with PERM?

    1. What title should I use? Since I already have a Software Engineer as EB3, should I be using an Software Analyst title? Which one has better chances of success?
    Title really does not matter, it's the Job Requirement, Desc, Salary and how well your profile match with the Job requirement. My EB 3 was filled as Software Engineer Level 1 in 2006. My EB2 labor was filled (different company) as Software Engineer (Level III). Labor was approved in 4 weeks back in Nov 2010

    2. What experience should I use? Should it be MS + 1 OR MS + 2 OR MS + 2 with alternative BS + 5? My understanding is that once we add BS+5 as alternate, the wage will be pretty high. I make 90k in IL.
    I think best option is to ask your company attorney. I am not sure if you can make s decision what you want to use. The company and the lawyer will decide what is best for them to prove for a Job during I-140. most probably I have seen Lawyers prefer to go with MS + 1 yr experience. Mine was BS+5 yrs exp I live in NOVA and prevailing wages were 76 K. I make much more than that ;)

    3. Since I am not using experience from current employer, is it okay if the job description is almost the same as the job description for EB3? (I need to provide experience letters from my previous company and there shouldn't be a discrepency with the ones I have submitted for EB3)
    You can not use this experience anyway ;) Job description can be similar but more like a senior guy's work. i.e. Consult with customers, PM and team members on project status, proposals and technical issues (i.e. software system design and
    maintenance), Effectively guide the team, collaborate with other team members and
    provide quality software solutions to accommodate business needs.


    I hope this helps
    Any help is really really appreciated.





    sidbee
    08-19 01:36 PM
    Not that , i agree with OP(Infact i am against posting such a news on IV)

    Ramesh Chilakamarri, Detroit, MI - Psychiatrist (http://www.wellness.com/dir/2233480/psychiatrist/mi/detroit/ramesh-chilakamarri-md)

    Proves he is from india (Gandhi Med Coll, Univ Hlth Sci, Vijayawada, Hyderabad, Ap, India )



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