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  • desidude
    08-04 02:48 PM
    Mine is pending at NSC since 7th May 2007 under EB2. I can't explain my frustation in words... Don't know what to do...




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  • java4yogi
    06-09 02:05 AM
    just checking if any lucky ones have received a approval for their h1b petitions this year !!!




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  • harsh
    05-31 09:37 AM
    The reason for denying visitor's visa depends from person to person. If a person is young then they have a lot more burden of proving that they will return back to their homeland than say parents of someone whose son / daughter is here.

    Also when you give the affidavit of support, the consular office will calculate how much you make yearly and see how many you are sponsoring and how many dependents you have in US. If, in consular officer's opinion the total income declared under Affidavit of Support is less that what he thinks is needed for supporting so many people, visa might be rejected on the basis that visa applicants might become public charge.

    Now sometimes even parents of someone here get denied. Again that depends on how they can prove their ties to home country. If all the children are in US and parents apply, a consular officer might say, you have no interest to return back to your home country as all your children are in US.

    And then there is luck. No one can tell what mood the consular officer is in that day. I was lucky that my parents and my wife's parents both got their visas recently. My only advise is make sure you have all the documents ready, cover all your bases and have a mock interview with visa applicants and see how they reply to your questions. I know from personal experience that it helps.




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  • jamesbond007
    11-19 03:32 PM
    Does this mean that, if we do not want to be overstepped in the Q, everyone has to have an attorney with AILA membership?? :eek:

    Everyone send chocolates/gifts to your attorney for Thanksgiving/Christmas and be on their good side.



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  • yetanotherguyinline
    11-09 01:01 PM
    I have decent writing skills and can help.




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  • svam77
    07-18 11:54 PM
    Thanks a lot for all the replies. I wil wait till August 10th, if I dont get it, I will just ask my attorney to file it with a cover letter. If he hesistates, I will file I 485 myself.



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  • MannyD
    10-25 01:19 PM
    should be valid preferably until you get your new I140 approved.

    Wanted to seek clarification: When you say "valid" do you mean past employer doesn't withdraw the 140 petition / substitute the LC? Or does 140 have a "valid till" date?

    And I note that someone mentioned we can go for any EB category in the new company. Can we also port the PD for any other job profile or should the job profile (as in approved LC/140) be matching in the new job?

    Thanks!




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  • hdblue
    04-18 03:10 AM
    diptam - Thanks for the reply. The letters I had sent earlier is very similar to the template of the letter you posted. I am going to get new letters and send them over. Hopefully, it will get me out of this crazy 140 delay.

    getrdone - By the labor application, I assume you are talking about the approved labor certificate that lists the experience and skills? If so, yes I do have a copy of it and will be including this language in the letters.

    By the way, is it required to send 2 letters from each employer?

    Hi,

    Thank very much for posting. I have got some my experience lettter. I want share to this thread. I'll share soon again.

    If you want to do more info, you also visit at: Experience letter (http://experienceletter.info)

    Take care.



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  • sunny1000
    01-14 05:30 PM
    Here is an exaustive list of charitable orgs (source: msnbc):

    Haiti earthquake: How to help - Haiti earthquake- msnbc.com (http://www.msnbc.msn.com/id/34835478/ns/world_news-haiti_earthquake/)

    ------------------------------------------------
    Action Against Hunger, 877-777-1420
    Agape Flights, 941-584-8078
    American Red Cross, 800-733-2767
    American Refugee Committee, 800-875-7060
    American Jewish World Service, 212-792-2900
    AmeriCares, 800-486-4357
    Beyond Borders, 866-424-8403
    B'nai B'rith International, 202-857-6600
    CARE, 800-521-2273
    CarmaFoundation
    Catholic Relief Services, 800-736-3467
    Childcare Worldwide, 800-553-2328
    Church World Services, 800-297-1516
    Concern Worldwide, 212-557-8000
    Convoy of Hope, 417-823-8998
    Cross International, 800-391-8545
    CRUDEM Foundation, 413-642-0450
    CRWRC, 800-55-CRWRC
    Direct Relief International, 805-964-4767
    Doctors Without Borders, 888-392-0392
    Episcopal Relief and Development, 800-334-7626
    Feed My Starving Children, 763-504-2919
    Food for the Poor, 800-427-9104
    Friends of WFP, 866-929-1694
    Friends of the Orphans, 312-386-7499
    Habitat for Humanity, 1-800-422-4828
    Haiti Children, 877-424-8454
    Haiti Foundation Against Poverty
    Haiti Marycare, 203-675-4770
    Haitian Health Foundation, 860-886-4357
    Healing Hands for Haiti, 651-769-5846
    Hope for Haiti, 239-434-7183
    International Child Care, 800-722-4453
    International Medical Corps, 800-481-4462
    International Rescue Committee, 877-733-8433
    International Relief Teams, 619-284-7979
    Islamic Relief USA, 888-479-4968
    Lions Club International Foundation, 630-203-3836
    Lutheran World Relief, 800-597-5972
    Medical Benevolence Foundation, 800-547-7627
    Medical Teams International, 800-959-4325
    Meds and Food for Kids, 314-420-1634
    Mennonite Central Committee, 888-563-4676
    Mercy Corps, 888-256-1900
    Nazarene Compassionate Ministries, 800-306-9950
    New Life for Haiti, 815-436-7633
    Operation Blessing, 800-730-2537
    Operation USA, 800-678-7255
    Oxfam, 800-776-9326
    Partners in Health, 617-432-5298
    RHEMA International, 248-652-9894
    Rural Haiti Project, 347-405-5552
    The Salvation Army, 800-725-2769
    Samaritan's Purse, 828-262-1980
    Save the Children, 800-728-3843
    UN Central Emergency Response Fund
    UNICEF, 800-367-5437
    United Methodist Committee on Relief, 800-554-8583
    World Concern, 800-755-5022
    World Hope International, 888-466-4673
    World Relief, 800-535-5433
    World Vision, 888-511-6548
    Yele Haiti, 212-352-0552
    Wyclef Jean's grassroots org
    Text Yele to 501 501 to donate $5 via your cellphone
    -------------------------------------------------------------------
    Also, be very careful about donating to unknown sites/emails. They could be scams (source msnbc):

    Finally, the FBI urges people who are looking for ways to help with earthquake relief to be wary of solicitations that could be from scam artists.

    Beware of bogus online 'help' for Haiti - Security- msnbc.com (http://www.msnbc.msn.com/id/34845486/ns/technology_and_science-security/)

    "Past tragedies and natural disasters have prompted individuals with criminal intent to solicit contributions purportedly for a charitable organization or a good cause," the FBI said, in passing along these tips:

    Ignore unsolicited e-mails, and do not click on links within those messages.
    Be skeptical of individuals representing themselves as surviving victims or officials asking for donations via e-mail or social networking sites.
    Be cautious of e-mails that claim to show pictures of the disaster areas in attached files, because the files may contain computer viruses. Open attachments only from know senders.
    Decline to give personal or financial information to anyone who solicits contributions.
    Make contributions directly to known organizations, rather than relying on others who claim in e-mails that they will channel the donation to established groups.
    The FBI says anyone receipting an e-mail that appears to be a scam should forward it to this Web site: Internet Crime Complaint Center (IC3) | Home (http://www.ic3.gov)




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  • ivjobs
    11-06 05:26 PM
    newbie2020 has taken the initiative of arranging the first conference call which was well received among the members. And one of the points he mentioned in the meeting is worth noting here.

    People who are driven towards entrepreneurship have expertise in one or the other field. However they may be looking for help in fields other than their area of expertise. That is where IV members can help each and build their successful businesses.

    For example, some of us may be experts in IT, few in Accounting, few in Marketing, few legal, few finance, etc. And a startup/business needs all these to become successful. That is where we can help each other and grow the businesses. And this is one intention behind starting the IV Entrepreneur yahoo group.



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  • enggr
    10-12 12:37 AM
    Hi Friends/Gurus,

    My attorney received an RFE on H1B extension last week.
    The details of my case are

    2004-Oct-01 -- My H1B started
    2004-Nov-20 -- I entered the country on H1B for the first time
    2008-Dec-25 -- Date till my current work authorization (I-797) is valid
    2010-Sep-30 -- Date I complete 6 years under H1B. Since I entered only on 2004-Nov-20 my attorney said my 6 years is up to 2010 Nov 20th

    2008-August-10th -- My attorney applied for my H1B extension under normal processing. He requested until 2011-Dec-25th (3 years from current I-797) expiration on the petition instead of 2010-Nov-20th
    2008-Oct-8th -- Attorney received the RFE

    When the petition for H1B extension was prepared on 2008 July, I asked the employer why the period of intended employment is put as 2011-Dec-25th instead of 2010 Nov 20th. The employer replied that its a usual practice to request 3 years of H1B extension and USCIS will only give the maximum possible

    What's the RFE
    Now we got the RFE and it says we have requested for an extension beyond 6 years and for getting that we should have a labor certification pending more than 365 days or an approved I-140.
    ------------------------------------------------------------------------
    I have a labor cert with priority date of 2006 August which was approved but the I-140 was denied on EB2 category for not meeting 5 years of progressive experience. Earlier this year in 2008 April we have filed another EB3 I-140 for the same 2006 Aug Labor
    On the H1B extension petition attorney had requested until 2011-Nov 20th instead of 2010 Nov 20th. I saw the H1B extension application and it says Dates of Intended employment as 12/25/2008 till 12/25/2011
    Do you think the attorney should have given the intended period only until 11/20/2010?

    The attorney contacted me and said they are going to send a copy of my I-94 as of Nov 20th 2004 and a copy of my immigration port of entry stamp on my passport stamped on nov 20th 2004 and request to give the extension. The attorney mentioned that the I-94 and port of entry seal will help USCIS to determine the maximum period of H1B that can be granted

    My worry
    My worry is INS rejecting the petition saying these kinds of changes in dates (2010 nov instead of 2011 dec) cannot be done in the midde of the process and this will be rejected and we need to file again a new petition. I know that we can work until 240 days if we file for an extension on time. I want to get this extension obtained before 2008 dec 25th so that I don't have to go through a chance of denial after 2008 dec 25th which can put my status into illegal sometimes. I am thinking of premium processign also if the results of the RFE doesn't come by next month (November).

    My questions

    1) Do you think the attorney should have given the intended period of employment only until 11/20/2010 on the original petition?

    2) Please advice me on how we should resopnd to the RFE and what date we should request for.

    3) Should we ask USCIS to give extension until 2010 sep 30th if they don't agree for 2010 nov 20th? Does this has to be clearly mentioned in the RFE response letter?

    Your help very much appreciated. Please reply to this as my legal stay is based on this.




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  • dharmesh.pariawala
    01-08 02:50 PM
    This gives me hope that atleast this bill will be picked by by March.



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  • Almond
    07-17 08:07 AM
    This is a terrible situation, I feel so bad for you. Can you afford to go to a lawyer as soon as you can and ask for advice? I think it's very important, this is critical. 11 years:(




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  • champu
    02-23 02:26 PM
    Why people ask dumb questions. For me most of these questions are dumb and answers are obvious.

    My dear friend, people are nervous. I am too. Bad news are coming from all corners.

    USCIS raids; Property & Stock Losses; Jobs disappearing. If you are in the middle of this then you would know. Sitting pretty in a recession proof role or job and commenting on others is easy.



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  • milind70
    09-16 02:16 PM
    Hello Gurus,

    I am July 2nd filer like so many others. I have changed employer after 9 month of filing I-485. I-140 was approved in Jun 2007. I have AP approved.

    My question : Is it advisable to travel to India and come back on AP? the reason I am asking is I have changed the employer? Will that affect my entry back to USA in any way at immigration check? Please advise.

    Thanks in advance.

    --Srinivas

    Well if you have used EAD to join the new employer you have no other option but use valid AP for reentry, if you have used H1 transfer and if you plan to get the H1 stamping (if the passport H1 stamp is expired) then you enter normally,
    if you already have a valid stamping in passport make sure you show the latest I 797 showing the latest employer whom you are currently working so the IO enters the correct employer details.

    This travel will not have any impact as long as you have AP and the new employer is supporting you GC process( i meant was providing documents as requested by USCIS if any)




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  • leo2606
    08-04 08:47 PM
    If I were you, I will pay additional $1,000 to USCIS for getting me out of GC mess.

    I've applied for EAD/AP renewal for both myself and my wife. I spent $1,290 for this.

    Say I got my GC approved and then I call USCIS and withdraw my pending EAD/AP application. Will I get a refund for pending EAD/AP application, if I get my GC approved before EAD/AP approval?

    Thanks,


    India EB2; PD - Nov 05
    I-140 - Filed Mar '06; Approved Jun '06
    I-485 - Reached NSC July 26'07;



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  • keiryu
    08-20 04:07 PM
    When did you apply the switch from EB3 to EB2? Did you have to go through the entire process of PERM all over again? How long did it take? I'm considering this also.




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  • jasmin45
    05-14 08:40 PM
    Here are the details.. you can determine if you fit in.

    EB2 Eligibility :-

    The EB-2 classification includes: aliens who are "members of the professions holding advanced degrees or their equivalent" and aliens "who because of their exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the United States."

    A petition for a foreign professional holding an advanced degree may be filed when the job requires an advanced degree (beyond the baccalaureate) and the alien possesses such a degree or the equivalent. The petition must include documentation, such as an official academic record showing that the alien has a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that the alien has a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that the alien has at least 5 years of progressive post-baccalaureate experience in the specialty.

    Qualified alien physicians who will be practicing medicine in an area of the United States certified by the Department of Health and Human Services as underserved may also qualify for this classification. Read more about this program.

    In order to be classified as having exceptional ability in the sciences, arts, or business, the individual must provide documentation of three of the following:

    An official academic record showing the alien has a degree, diploma, certificate or similar award from a college, university, school or other institution of learning relating to the area of exceptional ability;


    Letters documenting at least ten years of full-time experience in the occupation being sought;


    A license to practice the profession or certification for a particular profession or occupation;


    Evidence that the alien has commanded a salary or other remuneration for services which demonstrates exceptional ability;


    Membership in professional associations;


    Recognition for achievements and significant contributions to the industry or field by peers, government entities, professional or business organizations.
    If the above standards do not apply to the petitioner's occupation, other comparable evidence of eligibility is also acceptable.

    Application Procedures
    USCIS Form I-140 Petition for Alien Worker is required. Your employer must file a USCIS Form I-140 (Petition for Alien Worker) at the USCIS Regional Service Center that serves the area where you will work.

    EB-2 petitions must generally be accompanied by an approved, individual labor certification from the Department of Labor on Form ETA-750. Please see the Department of Labor's Employment and Training Administration for more information.

    If you are a worker with exceptional ability in the sciences, arts, or business, you may apply to waive the requirement that you have a job offer if such a waiver would be in the national interest. To apply for a national interest waiver, you must submit Department of Labor Form ETA-750B. Please see the Department of Labor's Employment and Training Administration for more information.

    Forms are available by calling 1-800-870-3676, or by submitting a request through our forms by mail system. For further information on filing fees, please see USCIS filing fees, fee waiver request procedures, and the USCIS fee waiver policy memo. Please click here for more information on USCIS offices.

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3460194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=91919c7755cb9010VgnVCM10000045f3d6a1 RCRD




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  • syzygy
    07-11 06:07 PM
    I can make some calls too, I have been away so slightly lost on thread.

    Franklin,
    Please post once we have enough volunteers for the calls




    chtting2me
    10-17 05:39 PM
    Mine is filed on Junly20, still my checks are not cashed yet.

    After some analysis on receipt delay's and talking to some other senior members in this group here is my description.

    Because of high volume of 485 applications USCIS deceided to hire some consultants.
    USCIS gave some instructions to consultants. If 485 applications are 100% correct they are issuing
    receipts. Other wise they are sending to 2nd level of verification.

    even some of friends got receipts who applied on Auguest 17th.


    The problems i seen in my application are

    1) My H1 extension got expired before i send to USCIS. I did not enclosed my approval notice (when i post my application i did not received my approvals)
    2) On 485 part 2 instead of choosing option 1 my immigration person selected option others and mentioned in that column becasue of I140 receipt number (SRC xxxxxx) i am eligiable for applying 485


    i seens some other cases also who's receipt are delayed the did some other mistakes.


    Experts please give me suggesstions because of above mentioned things is any problems to get GC or receipt numbers




    GCNirvana007
    10-08 04:14 PM
    I got my green card from Company A. During my labor process i renewed my H1B from Company B which expired last month.

    Right now who is my employer Company A or B or none of the above?.



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