Sunday, June 12, 2011

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  • immilaw
    09-15 08:48 AM
    How many lawyers are there to answer the questions? Can we have couple of more lawyers on our panel so that we can do this more often?





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  • dollargc
    09-20 09:10 PM
    My 140 was received at TSC on 23 APR 2007. I also have an lud 08/05 which is a sunday.
    does anybody see a pattern.

    I140 filed Apr 19 2007
    I140 Approved Apr 23rd 2007

    I485 filed ..on July 24th 2007 to TEXAS

    LUD on I140 08/05/2007





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  • gc_chahiye
    07-13 01:12 AM
    I want to select more than one option :)

    in hindsight, should have added that, and also a none-of-the-above. But hey its late and I am sleepy :)





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  • Aura M.
    03-24 03:40 PM
    My answer might be a little too pessimistic but I actually filed an appeal for a denied LC in Sep 2006. and as of today I still haven't heard from them. we tried calling and emailing them but they keep asking us to wait and they will get to it.

    sorry and good luck. please keep me updated if you hear something from them.
    Thanks

    Have you hear anything from your appeal? Please let me know.
    Thank you.



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  • sgorla
    01-29 07:16 PM
    logic,

    I checked with my immigration attorney about this situation anticipating job change few days ago. According to him one can enter as long as s/he can show new H1B approval notice provided the old H1B visa is still valid (not expired).

    As always, we can express our own interpretation, and its always a good idea to contact an immigration attorney to get specific answers.





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  • pa_arora
    12-02 07:08 PM
    I saw LUDs for both me and my wife's 485 on 11/22(Sat) and 11/24.
    PD-12/05
    RD-07/03/07

    This LUD was after more than a year. Hope Jan bulletin brings some movement.



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  • crazyghoda
    01-15 11:19 AM
    No one cares how you exit. A lesser known fact is that most Mexicans who are here illegally catch a regular commercial flight when they visit their homes in Mexico.

    Thanks a lot for your timely reply. I want to know does it matter how we exited US, I mean did anyone see your advance parole while leaving US.

    Regards,

    Ravi





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  • EB3_SEP04
    07-16 04:40 PM
    No it is the same company

    First of all congrats!

    My understanding is that as long as the new job/title falls in the SAME O*NET code(lower right corner of your labor appplication), it is considered SAME/SIMILAR job and hence OK. e.g. O*NEt code for Computer Programmers is 15-1021

    http://www.onetcodeconnector.org/ccreport/15-1021.00

    The good news is that YOU think that the new job duties are 50% different, which may not be the case as per AC21. That happened to one of friends, his old job was at a bank and his labor had a lot banking related words, then he joined a CISCO which is defiintely not a bank so new job duties were 70-80 different (if you compare word to word), so he was worried, but his lawyer said "you were a DBA (15-1061) and you are still a DBA, so it is a SAME or SIMILAR job". He got the GC last year.

    Also how would USCIS know that you have been promoted? since you are not changing employer, you are not using AC21 and does not have to inform USCIS about this change. So technically you could be promoted every year still have no effect on green card (unless you get an RFE and USCIS asks for a emmployment letter, pay stub etc, which will show a change in title).



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  • austingc
    08-17 02:32 PM
    Hello,
    My I-140 got denied based on my Education.

    I have 3 yrs + PG Diploma which is equivalent to US Degree according to my education evaluation.

    Experience:
    - 6 yrs of OUTSIDE USA experience
    - 5 yrs of USA experience including 2 yrs of experience with current company.
    - I am working as FULL time with an American Company at present


    The JOB Description for PERM was:

    "Bachelor’s degree in Computer Science plus 5 years experience; 3 year Bachelor’s degree plus 2 year post-graduate diploma in Software Engineering and 5 years experience acceptable. "

    Gurus, please help me providing some info, if there is any chance of getting it approved if I file a Motion.. or what should I do next?

    Since it was denied on Aug 4th this month, I have 30 days to reopen this case..

    Please advise me..

    Thanks in advance..

    Regds,
    Raju
    Raju,

    This is not enough information to provide any advise. What is the reason USCIS provided in the denial letter. You only provided the PERM details and that does not help anyone.





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  • singhsa3
    07-18 02:27 PM
    I am also mad, people like these abuse the whole system.
    Sorry admin, I got mad at this guy.



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  • chumki
    12-18 02:21 PM
    gcwait2007 ,

    I was told that filing AC-21 memo to CIS is NOT mandatory under law.

    why do I "have to " to file it?

    one concern i have is that I joined the current company BEFORE 180 days (just 14 days before) as I got laid off from my pevious employer and the previous employer will NOT revoke the I-140

    If I file AC-21 now, Will not USCIS find out that I joined before 180 days and find out I was laid off and cause unnecessary complications with RFE etc?

    Please advise your thoughts





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  • roseball
    02-15 10:51 AM
    Recently, my friend was in a very similar situation. His 6th year was expiring Feb 22nd, 2007 and he had a I-797 approval based on an approved I-140 starting Feb 23rd, 2007 to Feb 22, 2010.

    He went to India in December' 06 and came back to US sometime in Jan, 07. He got his visa stamped till 2010 at the Delhi embassy.

    At the Chicago port of entry, he just showed the officer the new I-797 so he can get an I-94 valid till 2010. Firstly, the officer denied him entry to US since his I-797 didnt start till Feb 23rd, 2007. Then my friend explained him and showed him his old I-797 which was valid till Feb 22nd, 2007. Then the officer cooled off and said he can only allow him until Feb 22nd as he cannot give him an I-94 based on a future dated I-797 approval. My friend tried to explain him and seems like he didnt even listen. But the officer told him that he can extend his I-94 by some procedure by contacting the local/regional USCIS office or by re-entering the country immediately after the current I-94 expiration. He is now planning to re-enter the country again to get a new I-94 valid till 2010.

    So, if I were you, if possible, I would only go to Canada after the latest I-797 approval start date so the whole thing is straight forward to get a new I-94 until the latest I-797 approval date. What I am trying to say is that your visa stamping wont be a problem, the issue could be to get a new I-94...Hope this makes sense..



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  • ilikekilo
    09-17 04:04 PM
    u pushed it a bit too mcuh,,,but its ok,....not biggy.who knows some people might have been encouraged





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  • sreedhar
    10-31 08:27 AM
    Got EAD and FP...!!! But Receipts Not available in USCIS Automated System.



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  • jonty_11
    02-19 12:32 PM
    As per immigration-law.com..Senate may work on CIR in March 07 and hand it over to House by APril 07....House may however sit on it for years on end...

    02/18/2007: Need for Immigration Reform and Concerns with Growing Gridlock in Legislations in the Congress

    The Democrats launched a new Congress with aggressive platforms and legislative agenda on January 4, 2007. Madame Pelosi of the House set the first 100-hour legislative agenda and the Senate Majority Leader, Harry Reid presented on the Senate floor ten legislative bills as top priority for the first few months of the Senate.
    However, immersed in the party politics, the Congress left the Hill yesterday, Saturday, for a week long break without achieving a lot because of the gridlock it had faced in the Congress. Samo, Samo Washington politics involving the Republicans and Democrats. It practically means that the Congress wll not resume the active legislative activities until March 2007.
    S. 9, the Comprehensive Immigration Reform bill, adopted by the Senate floor, is in the Judiciary Committee of the Senate. The newly elected Chairman of the Judiciary Committee, Sen. Leahy, reportedly set the CIR as one of the top agenda of the Judiciary Committee for March 2007 and the Democratic leaders reportedly determined to pass the CIR by April 2007 and quickly send it over to the House for its prompt action. How beautiful the agenda of the new Congress.
    We want to watch carefully how closely the leaders of the House and Senate will follow through the agenda. In a way, from the perspectives of this immigration legislation agenda, we are relieved that the Congress was over with the most serious road block to the Congress, to wit, rebuke of Bush's resurge in Iraq.





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  • ak_2006
    04-14 01:16 PM
    Enjoy this Good moments!!! and thanks for sharing.



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  • bastati
    09-05 03:37 PM
    Today i and my spouse received RFE for 485 (email) . The reasons are yet to know.

    Please let me know if you know these points....

    Does Visa number will assign for my case?
    if NOV bulliten is not current , will NSC still process my application or i got to go back to the Q ?





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  • number30
    10-22 04:47 AM
    Your wife can't change her status because she is not currently maintaining status if the H-1B was approved as a change of status. CIS will only approve a change of status with proof that the applicant has maintained status. She needs to leave the US and return in H-4 status to effect H-4 status. She has been out of status since October 2008.


    If the company has revoked the H1 prior to the start date does she still needs to apply for H1 to H4?





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  • xinkish
    01-11 01:00 PM
    If you are on L1A, you can apply for green card under EB1 and get it with in 3 or 4 months
    There is no need for you to go thru the labor process. You can apply for 140 & 485 directly
    contact a well qualified lawyer





    marmoren
    07-24 11:52 AM
    I am in Indianapolis. Also, let me know of meetings or initiatives in Indiana. I am willing to participate. This wait has been the longest of all.





    saileshdude
    09-03 06:09 PM
    I am not sure what the basis would be to issue an RFE. The SR is created based on Customer Service representatives recommendation. The first level rep themselves suggest that we open SR if we call to find out the status of the case. I just opened SR for my spouse. Lot of people from Jul/Aug opened SR but very few got RFE.

    It may not help in anyway but that's different.




    My friend said that opening an SR could lead to a higher probability for an RFE. Is that the case? I know it is not possible to scientifically prove it but is there any anecdotal evidence of it?



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