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  • optimystic
    10-24 03:44 PM
    I really don't understand, what can be RFE about, as you have been with the same company all these years. You really deserve a Greencard straight away without a single question after such a Long wait. I hope your RFE is very simple to answer and I wish that you get your Greencard soon. Good Luck.

    Thanks for the good luck . I really need it !

    I am hoping that it would be something simple as well.

    - I am guessing it might be about employment verification (since its been a long time),

    OR

    - Current job description (probably they want to make sure I am in the same job role or going to be in the same job role for which GC was applied) . Which is more or less the case. My law-firm/company did a good job of declaring a generic (still O*net compliant) job title/description which luckily encompasses the range of roles (compliant with the job description) I have been doing over the last 8 years. And if required, at this point, I am at a stage where I am willing to take a demotion or something if required to work on the job role that matches the GC temporarily, if thats what it takes. And I am sure my company will fully support me. There is no dearth of requirement for fresh coders/developers at our team/company. They would probably be happy to oblige :D . But I hope it doesn't come to that. I think there is some leniency allowed in the growth of job scope/promotion etc over the course of years it takes to get the GC. Gurus any comments ?

    OR

    - some clarification about overall H1B status or something across all these years (although I know for sure my H1B status, I-94 etc has been perfectly clean so far)

    OR

    - Medical checkups may have expired and they need new ones? (my medical reports are from June 2007)

    OR

    - Ability to pay ! I don't think this would be the case. My company is a well reputed/respected Fortune 50 company. So hopefully USCIS IOs are also aware that my company would not have ability to pay issues! But who knows, in these economic crisis, they probably doubt every company !

    OR

    - Questions about Mergers/aquisitions/layoff announcements at my company?? I don't think these events by themselves matter/affect my I-485 case after the I-140 stage. My lawyer had clarified to the same effect. But they might trigger a request for employement verification.


    What could be other reasons that you guys can think off?





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  • maximus777
    07-07 01:43 PM
    Not a fan of AZ law, but I'm delighted that it has pushed immigration issue to the forefront, forced federal govt's hand and jolted it out of its inaction. Many a battles will be won/lost over immigration in Nov 2010 elections.





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  • desi3933
    02-19 02:14 PM
    Almost all holders of the CA have a 3 year BCom. We have had, as far as we know, 100% approvals showing the CA = US Masters with the proper documentation and a professor's expert opinion letter. Also with AMIETE.

    Sheila -

    Please refer to this pdf from CA web site
    www.icai.org/resource_file/42prof.df.pdf

    CA as well as ICWA are post high school (10+2) programs. Therefore they can not deemed as Master Degree level courses. In fact, I did my ICWA along with my graduation from IIT. Just because most people do it after BCom does not make it Masters level program.

    In the case when/if USCIS determines CA India not to be of Masters level program, it can affect even the approved I-140 petitions.


    __________________
    Not a legal advice.
    US Citizen of Indian Origin

    Sheila -

    You have not responded to my post so far.

    How can CA/ICWA be equivalent to MS programs as they are post high school courses? These courses do not require graduation for admission.

    Have a good day!





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  • Lasantha
    02-08 04:11 PM
    That is one of the points raised in this current letter campaign for admin fixes.

    I dont see any light at the tunnel. PDs will not move until they allow 485 filing even PD is not current.



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  • gc_chahiye
    12-13 06:18 PM
    I tried to recruit 3 guys with 7-8 yrs of experience. We already have a 12 member offshore team...the average asking rate (H1s and citizens) is 90K ..H1B quota restriction is working in our favor very much. Market rate for IT professionals has increased quite handsomely..put ur resume out to dice or monster and see for urselves.

    this 90k is in which part of the US? A salary number without specifying geography is pretty hard to rate :)





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  • lazycis
    12-18 11:02 AM
    This is not to oppose your message - I am just trying to figure out where these arguments comes from because I don't think I believe in this whole fraud thing. AC21 is meant for one to change jobs after working for the original sponsoring company for 180 days. Also, there are no clear guidelines stating that one must inform the USCIS - so what will this fraud be based on? How can one be committing fraud if there are no guidelines to tell you what is considered fraudulent? I think one is fraudulant when one actually violates some set rules etc. I don't think the USCIS can have a basis for suspecting someone of fraud when they don't even have a definition of what may constitute fraud in this case because of the lack of guidelines. Plus, I have never, ever heard of anyone be denied or suspected of anything like this during citizenship, I just don't believe this is a factor AT ALL. I see these comments a lot and they just don't make any sense to me. To me, it is like breaking a law that doesn't exist. And you say one may be "suspected", well, suspicion is just that, suspicion. The USCIS needs to show proof that you intended to be fraudulent and for as long as there are no AC21 guidelines that tell you that you must inform the USCIS upon invoking AC21, the USCIS will not and cannot have a case against you.

    I agree with you. It's not required by law to file any AC21 papers so the USCIS cannot do much. Also, the green card cannot be revoked after 5 years so by the time you apply for citizenship, the USCIS cannot do anything bad to you. Worst case, they will ask about it during the citizenship interview so it's a good idea to keep your employment offer handy. But it's very unlikely and I really doubt they can deny your citizenship based on this. That's why I see no drawbacks in not filing AC21 and no benefits in filing it if you know that I-140 won't be withdrawn. My advice would be to take an employment letter from current employer and keep it in case the USCIS asks for it. There is no need to cause troubles for yourself by letting the USCIS know about it.



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  • champu
    03-11 11:45 PM
    I guess these companies are also registered in USA and have moral responsibilty to respond. It is a huge mistake to ignore a national level politician's query.

    Gotta love this system...

    Two years ago; Grassley sent a questionnaire to the top 10 Indian outsourcing companies of how they use non immigrant visas.

    They did not have any legal obligation to answer his query. They answered his questions by non answering it.

    Grassley then starts to increase the rhetoric and starts pressuring uscis/dol to start investigations.

    uscis/dol start investigatin and denying cases and study it and find fraud.

    now; Grassley is getting his way and starting to change policy.

    Nascom senses game is over and come begging which is exactly what grassley wanted in the first place.

    At the end; he will get these guys to agree to tough measures (ie., lca requirements for L-1; tougher measures on h-1b, etc.

    See how Microsoft answered differently when they got the query and compare to these guys.

    This system created in USA has a way of making you conform to their behaviour willingly or through long and painful way. Looks like they had to learn through long and painful way.





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  • sanbaj
    07-28 03:49 PM
    :confused: I have

    EB2 140 Approved Feb 2006

    EB3 140 approved June 2004

    My Lawyer says that when they filed my 485 in July 2007, they sent both 140 petitions. IS THAT POSSIBLE ?

    Now that the dates got current in Aug 2008 bulletin , I asked them to proceed further so that my case could be adjudicated.

    They suggested me to wait and see since ,now, my original EB2 is current anyways.

    My question is, Is there any way to find out which category (EB2 OR EB3)will USCIS consider my 485 case to be ?

    Should I request infopass now or wait ?
    Yes, in my opinion, you can file with two I140s, especially, if you want to use category of one and PD of the other. You can find the PD for your 485 on your 485 RN and from that you can deduce that they are looking at EB3 or EB2 I140.

    Waiting for Aug/08 and calling USCIS for opening a SR is the good way to ask them to work on your case.

    Best of Luck.



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  • dilbert_cal
    02-20 11:50 PM
    Can you provide more details about your case ? - EB ? , PD ?, any RFE ? state ?....





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  • javadeveloper
    02-12 05:37 AM
    thanks mhtanim....

    It seems that i can file tax using form 4852....but to do if he send legal notice claiming that i have made losses to him worth 25 K....i had good relation with client , gave app notice and also have refe letter from client (received award form client)..........so there shud be no point for liquidation thing and also i have all previous employers emails acepting my receignation and notice period...

    If your employer paid taxes on behalf of you , he must have recieved w2.If he doesn't give w2 to you , you can call IRS and request for one , they'll fax/mail it to you.I did it once and filed taxes.

    He may be threatening you about legal notice, but I don't think he'll send notice.You can think what to do when recieve a notice.

    Look for Private Message for my contact details , or send me your contact# so that we can discuss what to do.



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  • chi_shark
    02-12 01:35 PM
    so for folks who are in the queue with USCIS in the states now (485 applied), can we change over to consular processing now?

    Some hopes.........

    http://immigration-information.com/forums/showthread.php?t=7168&page=2

    Thanks
    MDix





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  • reddysn
    05-29 06:15 PM
    ramus you got good sense of humor man ....I could not stop laughing ..

    After reading this I am not sure if I can ask you send web-fax..
    Thanks.



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  • dingudi
    12-28 11:51 AM
    This is my first post so forgive if I am not in the right place,
    But I have situation where in I need your inputs to decide.
    I am working at a clients place and they willing offer me a full time position.
    My Labor is approved Oct 2007 and Filed for I-140 receipt pending.
    In this situation should I change my job or should I wait for I 140 to be approved or wait till I apply for I 485 , but as you know the priority dates have retrogressed for EB2 and I heard that they will be unavailable shortly.
    I always wanted to get a full time right from my Masters but ended up as a consultant as I had to get my H1 done.
    Please Advice!

    I would suggest to wait for I-140 to be approved. Once I-140 is approved , PD belongs to you. You can then move to another employer and then restart GC and port the PD with the new employer when they file for I-140. There is a grey area where I am not sure if old employer withdraws I-140 , if you will still be able to port the PD. Some say you cannot port previous PD if previous I-140 is withdrawn due fraud or misrepresentation. Some say if its withdrawn then thats sufficient to lose the old PD no matter what the reason of withdrawl is.





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  • lost_in_migration
    05-29 04:43 PM
    Guantanamo may be kept open just for us .... and they will charge us $5000/$10000 per extension which is due per year ;)

    I thought Guantanamo was being closed soon. They might ship us to detention centers in Afganistan or Iraq. :D Hope they have more high tech jobs there.



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  • kaisersose
    07-19 01:56 PM
    Very good, ask your wife to bring a load of sweets for IV member. ;)

    good one!





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  • bekugc
    07-19 11:11 AM
    Rolrblade,

    i guess i mispelt the statement, my response was to his idea of seeking an Emergency appointment.

    ofcourse, just normal rescheduling is absolutely do-able.

    i think our friend is trying for Emergency so that wife can get appt in chennai only.



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  • vghc
    07-25 11:04 AM
    I know before you start blaming me for this thread, as it is of no use, I would like to point out that most of you must be experiencing the same thing. I didn't care much for Visa bulletin until it became current for EB2 two weeks back. As the time progress, I am doing all sorts of things, like checking USCIS case status, and checking everything that can possibly give me some information. I know that it is waste of time, I know it is not good for health, I know that I will get GC when time comes, but still, my mind is tricking me to think about it. I checked all these forums until 2A.M last night. I am not having enough sleep. I am waiting for a opportunity to get rid of my desi employer. I am really getting frustrated (I am not saying that I have been waiting for GC approval desperately). I just want to share my frustration and what I have been going through. I know I am in a better position than most of other people whose priority date is not even current. I wish they never dangled a carrot in front of me. I am not sure if they disappoint me next month, but I am still keeping my hopes. Hopefully, I would get over this and have enough sleep from today.

    Look back and recall the time when you told yourself that if you ever made it to the US, you are going to visit place A or do thing B. Go kayaking, enjoy the countryside, join a hiking group, play some sports and etc. Don't think too much of this GC thing, it'll never come next month or next 6 months, so stop wasting all your energy on something you can't control. Make full use of your time here. US have lots to offer us if we just let go and start enjoying life. Good Luck!! :)





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  • casinoroyale
    06-19 12:05 PM
    In other discussions it is mentioned that if I-485 is pending & you are applying for renewal you don't need this letter.

    BTW, i just read this in the I-131 instructions, so if i hold a valid AP now and apply for renewal and go to India and enter back using the existing AP, does it mean my pending I-131 renewal will be abondoned? :confused:

    http://www.uscis.gov/files/form/I-131instr.pdf (page 4)

    If you travel before the advance parole document is issued, your application will be deemed abandoned if:

    A) You depart from the United States; or
    B) The person seeking advance parole attempts to enter the United States before a decision is made on the application.





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  • BharatPremi
    11-06 04:35 PM
    gives good insight about the infopass

    Thanks buddy.





    stang20874
    03-22 12:01 PM
    I live in Montgomery County, Maryland. Who else? Let us team up please.





    GCapplicant
    07-10 08:11 AM
    We should side line these type of guys-Never encourage them ...
    Now even people who dont know what is H1 will become aware of it.Dont they know these type of words might bring racist feelings to a common person here soon,if they continue like this .
    But each and everyone forget their past that they where also once upon a time an immigrant like us.



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