inspectorfox
09-29 09:50 PM
Responding to RFE for Ability to Pay is a very complex process. Some of you folks make it sound very simple but there is much more to it then just submitting an Audited Tax Return or W2. I have not come across any single person who seems to have the expert knowledge on handling this other than United Nations. There was an RFE on my pending I140 and I don't even trust the response prepared by my immigration attorney at Murthy Law Firm. My case is pending at USCIS TSC for a year now. I am not defaming anyone here but United Nations is the only person who has the greatest knowledge on addressing this matter.
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VivekAhuja
06-20 07:09 PM
Yes....you can do all those.... even though I cannot see a DESPERATE reason to "shift" to H1-B or to be in the country on H1-B when your actually work status is infact H1-B (even if enetered on AP) and your immigration status is parolee.
gapala
08-02 07:21 PM
Without reentry permit, they cannot enter USA.
If you need reentry permit and if you are outside US, then you can kiss your gc goodbye. You must be in US to apply for reentry permit, otherwise it will be denied...Even the appeal will be denied...Then need to check with local US consulate...
If this is the case, can they take the route of "Follow to join" what are the other options for folks in india?
If you need reentry permit and if you are outside US, then you can kiss your gc goodbye. You must be in US to apply for reentry permit, otherwise it will be denied...Even the appeal will be denied...Then need to check with local US consulate...
If this is the case, can they take the route of "Follow to join" what are the other options for folks in india?
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keerthisagar
12-21 07:41 AM
I am all up for it & won't mind doing it all...
This is good idea - call for members to join the effort. You can count me in.
This is good idea - call for members to join the effort. You can count me in.
more...
Rajwaitingon140
11-28 12:42 PM
My Attorney filed my I-140 @ NSC and I-140 reciept date is DEC'21'2006; I see on my I-140 case LUD is Jan'8'2007; does this means my case also was approved on Jan'8'2007?; after that no LUD on my case.
Any input on this would be great help!
Thank you
RT
I also see a LUD 11/25 on my both approved I140's EB2/EB3. I have only used EB2 to file 485, so my guess is its a system wide LUD, some maintenance program running.
Any input on this would be great help!
Thank you
RT
I also see a LUD 11/25 on my both approved I140's EB2/EB3. I have only used EB2 to file 485, so my guess is its a system wide LUD, some maintenance program running.
karsat
10-18 03:15 PM
Can someone please post all the documents required for filing AC21 ?
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nogc_noproblem
04-09 05:25 PM
Please check this link
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4724019812&m=5461086851&p=2
Check the update provided by "abuddyz".
Nopes, in my case the officer was polite and just asked what my previous status was, to which I said "H1". I asked him if I will lose my H1 status when I enter on AP and he said yes, which was true as your new visa status becomes "Parolee". You can still work on H1 without using EAD, which is what I am doing now.
Its ok and legal to use your AP to travel back. See this recent Murthy Bulletin http://murthy.com/mb_pdf/032108_P.html
I still don't have an answer to my original question, anybody ?
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4724019812&m=5461086851&p=2
Check the update provided by "abuddyz".
Nopes, in my case the officer was polite and just asked what my previous status was, to which I said "H1". I asked him if I will lose my H1 status when I enter on AP and he said yes, which was true as your new visa status becomes "Parolee". You can still work on H1 without using EAD, which is what I am doing now.
Its ok and legal to use your AP to travel back. See this recent Murthy Bulletin http://murthy.com/mb_pdf/032108_P.html
I still don't have an answer to my original question, anybody ?
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pd052009
10-26 02:53 PM
While keeping the hopes in DREAM act, get a job, start GC process and you are welcome to join our line.
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vasudevan_c
02-15 09:25 AM
Yes, it is possible because H1-B is a dual intent visa.
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st4rguitar
04-06 02:02 PM
Hi All,
Here is my situation and I would like to get some feedback.
My I-140 sometime back was denied as I have a three year Bachelor degree and the Labor had asked for "3-year Bachelor or foreign equivalent" (I did use the threeyearpeople.com but it did not pan out for me). I had my lawyer file an appeal immediately. I know it probably will be denied but I have exhausted my 6 years on H1 and need to have the process going for H1 extensions.
I also started a new PERM process, this time without the degree requirement. My PERM was approved and I-140 has been filed.
Now The thing is that I about to finish my masters in May and after I get my degree I am considering filing an EB-2 petition using my Masters. My questions are:
1) Can I use the masters degree that I got with the same employer for filing a new process under PERM? The lawyer is saying that I cannot but my research seems to indicate that while we cannot use the experience gained with the same employer, there is no restriction on using the degree that we receive with the same employer as long as the employer does not pay for it. Am I correct? If so, can someone point out an official resource? a memo or something. I intend to take it to my boss and try to convince him to refile in EB2. The reason of course being that EB3-ROW is retrogressed.
2) Can I have two GC with the same employer? I know that I can have 2 GC pending with 2 different employers but can we have them with the same employer? Are there an requirements in terms of salary, job title etc?
Thanks in advance for your input,
Regarding the EB3 initial case you filed, the requirement should have been a 4 yr bachelor's degree plus 1 year of experience with the alternative requirements of a 3 year bachelor's degree and a 3 year master's degree. We took over a case like this from another law firm where it was denied and we won ONCE, maybe because the officer was in a good mood. Likely, you are right, the appeal will not go through.
Your master's degree can be obtained while you are with your current employer, yes, as long as the employer doesn't pay for any of it. Your experience however must be with a different company or in an extremely different position within the company (sometimes hard to prove, though.)
You can work on the process for your EB2 case, but I highly doubt it would be advisable to file a new EB2 I-140 petition for the same company while the other I-140 with the same company under EB3 is still pending. One big reason would be ability to pay. The best thing to do IMO would be to wait until the new EB3 petition under I-140 has been approved and then file the new EB2 and do a re-capture of the EB3 priority date.
Here is my situation and I would like to get some feedback.
My I-140 sometime back was denied as I have a three year Bachelor degree and the Labor had asked for "3-year Bachelor or foreign equivalent" (I did use the threeyearpeople.com but it did not pan out for me). I had my lawyer file an appeal immediately. I know it probably will be denied but I have exhausted my 6 years on H1 and need to have the process going for H1 extensions.
I also started a new PERM process, this time without the degree requirement. My PERM was approved and I-140 has been filed.
Now The thing is that I about to finish my masters in May and after I get my degree I am considering filing an EB-2 petition using my Masters. My questions are:
1) Can I use the masters degree that I got with the same employer for filing a new process under PERM? The lawyer is saying that I cannot but my research seems to indicate that while we cannot use the experience gained with the same employer, there is no restriction on using the degree that we receive with the same employer as long as the employer does not pay for it. Am I correct? If so, can someone point out an official resource? a memo or something. I intend to take it to my boss and try to convince him to refile in EB2. The reason of course being that EB3-ROW is retrogressed.
2) Can I have two GC with the same employer? I know that I can have 2 GC pending with 2 different employers but can we have them with the same employer? Are there an requirements in terms of salary, job title etc?
Thanks in advance for your input,
Regarding the EB3 initial case you filed, the requirement should have been a 4 yr bachelor's degree plus 1 year of experience with the alternative requirements of a 3 year bachelor's degree and a 3 year master's degree. We took over a case like this from another law firm where it was denied and we won ONCE, maybe because the officer was in a good mood. Likely, you are right, the appeal will not go through.
Your master's degree can be obtained while you are with your current employer, yes, as long as the employer doesn't pay for any of it. Your experience however must be with a different company or in an extremely different position within the company (sometimes hard to prove, though.)
You can work on the process for your EB2 case, but I highly doubt it would be advisable to file a new EB2 I-140 petition for the same company while the other I-140 with the same company under EB3 is still pending. One big reason would be ability to pay. The best thing to do IMO would be to wait until the new EB3 petition under I-140 has been approved and then file the new EB2 and do a re-capture of the EB3 priority date.
more...
titu1972
08-02 02:27 PM
Usually consulting companies put generic designations like software engineer or a programmer analayst in their LC. I think that is what you should look for the classification. This is a gray area.
There is a title called consultant. I have labor and I-140 approved on this title.
There is a title called consultant. I have labor and I-140 approved on this title.
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mrajatish
03-25 01:38 PM
Yup, you are right - thanks for pointing this out.
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rbharol
01-21 09:09 PM
Just 89000 odd...
This is nothing compared to millions of illegals which mostly would not be high skill workers.
If US lawmakers are smart, they should give GC to all of 89000 High Skilled workers seeking GC. This will be a win-win situation for both.
This is nothing compared to millions of illegals which mostly would not be high skill workers.
If US lawmakers are smart, they should give GC to all of 89000 High Skilled workers seeking GC. This will be a win-win situation for both.
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GCMATRIX
08-22 09:10 PM
Got approval emails on August 14th, received approval notice by mail on August 20th, and finally got the physical green cards by mail today.:)
Please can you tell me which service centre i yours . I also got CPO mail on 08/14 and 08/15 and on 08/19/ I-485 approval sent by mail and soft lud on 08/20 ,but no physical card
Please can you tell me which service centre i yours . I also got CPO mail on 08/14 and 08/15 and on 08/19/ I-485 approval sent by mail and soft lud on 08/20 ,but no physical card
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helpful_leo
02-09 09:48 PM
I suggest that IV be even concerned about ppl in the pre-application stage like myself. I havent even filed a labor yet as I have no employer (am a PhD student.) I would like IV to take up issues that concern PhD students, for e.g. the current proposals in the PACE bill that appear to exclude current PhD students (as opposed to future "F-4" PhD students) from automatic AOS benefits 1 year after graduation. This is a large constituency who can be mobilized for IV if IV decides to pursuse this. It is actually a very commonsense amendment to PACE that can be included in the bill if the right people are informed about it. I have drafted a very detailed letter and can make it available here.
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Jeffphoto
September 5th, 2006, 08:17 AM
And what is HDR?
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usr2004
07-26 01:03 PM
There are factors to be considered for alreday approved I-140 processing.
1) Tax id of the comany
2) comany name and address
3) Employee position...
1) Tax id of the comany
2) comany name and address
3) Employee position...
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sdrblr
10-07 10:52 PM
Based on my experience travelling with my son couple of times, I can answer couple of questions.
PIO card looks just like your Indian Passport, difference being color and has just 1 page.
Just present PIO and the US PP and they will look at both and stamp the immigration seal on the PP. They do not do anything with the PP other than recording the PIO # in addition to the US PP #.
While departing the country, they will just look at it again and hand it back and stamp the immigration seal on the PP.
Usually takes 3-4 weeks to get and if you dont have time, I would go with a visa as you can get it the same day. For an infant, I see no diffrence in PIO or a visa.
My son is a US citizen/passport holder and we are planning on applying for a PIO for him at the SFO consulate. I have the following questions on how he could use the PIO card
1. How can he use the PIO card to enter and exit India?
a. Does he simply show the PIO card, US passport to enter and exit India?
2. Incase if the PIO card processing takes a lot of time I know that he can apply for visa. I was wondering anyone has experience on how visa could be applied if PIO processing takes a long time at the SFO consulate.
a. Do they return the PIO application and its supporting documents before visa could be applied?
b. Should a new visa application+visa supporting documents need to be resent for getting a Indian visa?
PIO card looks just like your Indian Passport, difference being color and has just 1 page.
Just present PIO and the US PP and they will look at both and stamp the immigration seal on the PP. They do not do anything with the PP other than recording the PIO # in addition to the US PP #.
While departing the country, they will just look at it again and hand it back and stamp the immigration seal on the PP.
Usually takes 3-4 weeks to get and if you dont have time, I would go with a visa as you can get it the same day. For an infant, I see no diffrence in PIO or a visa.
My son is a US citizen/passport holder and we are planning on applying for a PIO for him at the SFO consulate. I have the following questions on how he could use the PIO card
1. How can he use the PIO card to enter and exit India?
a. Does he simply show the PIO card, US passport to enter and exit India?
2. Incase if the PIO card processing takes a lot of time I know that he can apply for visa. I was wondering anyone has experience on how visa could be applied if PIO processing takes a long time at the SFO consulate.
a. Do they return the PIO application and its supporting documents before visa could be applied?
b. Should a new visa application+visa supporting documents need to be resent for getting a Indian visa?
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ganesha
09-04 01:32 PM
I received CPO email's for me and my son. My wife's online status is unchanged (no emails yet...). We have not received the Welcome email yet....
Folks;
I received an approval notification through the CRIS system of USCIS. Almost everyone who I saw got approved got a CPO and welcome message email. Don't know what to make out of it...my lawyer is also mum on the issue.
Here is the content:
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Approval notice sent.
On September 3, 2009, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
Also I as the primary applicant only received the mail...my wife's status is still unchanged...
Best,
SoP
Folks;
I received an approval notification through the CRIS system of USCIS. Almost everyone who I saw got approved got a CPO and welcome message email. Don't know what to make out of it...my lawyer is also mum on the issue.
Here is the content:
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Approval notice sent.
On September 3, 2009, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
Also I as the primary applicant only received the mail...my wife's status is still unchanged...
Best,
SoP
prian14
03-04 05:02 PM
Is there anything i can do on H4 visa??
ksrk
07-07 06:14 PM
Thanks for reply, if you don't mind, do you have the USCISs' announcement link about this pre-adjudication ? Does it say those who pre-adjudicated will not get any future RFE/Denials ?
Unfortunately, there is no such guarantee. All any claim of pre-adjudication could mean is that if there were a visa number available (and we know there aren't any for EB2-I or EB3-I at this time) as of the day the case was pre-adjudicated, the applicant could be issued his/her green card.
When a visa number does become available, the adjudicating officer will review the case again before issuing the green card. Since these are employment-based immigrant visas, at any point the officer could request evidence that the employment position, that is related to this application, still exists.
Unfortunately, there is no such guarantee. All any claim of pre-adjudication could mean is that if there were a visa number available (and we know there aren't any for EB2-I or EB3-I at this time) as of the day the case was pre-adjudicated, the applicant could be issued his/her green card.
When a visa number does become available, the adjudicating officer will review the case again before issuing the green card. Since these are employment-based immigrant visas, at any point the officer could request evidence that the employment position, that is related to this application, still exists.
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