Friday, July 1, 2011

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  • axp817
    08-02 11:32 AM
    June 6 2006

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  • GetGC08
    09-17 12:51 PM

    I got RFE on I-140 for EB2 India.
    Following are the details of RFE.
    Item 1.) provide list of receipt numbers of all petitions filled by company in 2007.
    Item 2.) Provide proffered wage of each beneficiary & evidence of any wages paid to those beneficiaries.
    Item 3.) My W2 for 2007.
    Item 4.) Provide evidence of companies ability to pay(A2P) each beneficiaryincluding those who have already been approved. Such evidence must include companies federal tax return, audited financial statements or annual reports.

    Item 5.) degree evaluation. (I am holding masters in computer science degree from India. Total 6 years of education after school. 12 + 3 years BS in Computers + 3 Years MCA = 18)

    Following are the Labor(PERM) details:
    1. labor has been approved.
    2. Mentioned Masters degree required in computer science.
    3. Foreign degree is acceptable.
    4. 18 months of experience required.(I already have 18 months of experience when I filled labor)
    5. Alternate is not acceptable e.g. BS + 5 years.

    Following will be submitted.
    1. I submitted my 2007 W2 with latest paystub which includes year to date details.(for Item# 3)
    2. Degree evaluation.(for Item# 5)
    3. I am going to provide companies federal tax return & audited financial statements for RFE item numbers 1,2 & 4(As mentied above)

    My question, is it sufficient to provide companies federal tax return & audited financial statements for RFE item number 1,2 & 4(As mentioned above) ?

    Company details:
    Morethan 120 employees & $24 million turn over in 2007.

    How serious this RFE is?
    I will really appreciate your response.


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  • malibuguy007
    10-01 08:47 PM
    If you guys are viewing this thread, you should be here

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  • CADude
    08-20 04:24 PM
    Please send this to USCIS. Good questions.

    I have a generic question which some you might know the answer to:

    1) Why TSC is late in issuing receipt compared to NSC?
    2) Looks like more applicaiton were filed at NSC than at TSC, Why?
    3) Why even then TSC is late in issuing reciept?
    4) Which one is faster in approving 485, TSC or NSC?
    5) Does any body know how many application each service center recieved during the VB fiasco?


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  • diptam
    07-10 09:20 AM

    Do you know that if i become a named Plaintiff in 485 fiasco lawsuit and the lawsuit drags for a Year ( just vague timeline) does that imapairs my ability to file a fresh new 485 application if my PD becomes CURRENT ?

    I'm also assuming that USCIS would not return my Package sent on July 2nd since i'm the middle of a live lawsuit as a plaintiff.

    Thoughts ? Knowledges ?


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  • ricky26
    03-22 10:59 PM
    as long as your gc is pending, you can get 1 year extension. After 140 approval and 485 still pending you can get 3 year extension. OR you can apply for EAD to continue in status.


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  • Gravitation
    07-10 09:20 PM
    Oct 2002 EB3
    It's a no-brainer.

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  • chinta_ramesh
    02-19 03:16 PM
    Dear All,

    It seems my company had audit and my employer was asked to submit client letters for all employees.

    Q's is will it have any impact on 485 process for the employees in case of any issues in the company in other areas ?

    Please let me know.


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  • maxy
    11-10 09:13 AM
    Thanks for your reply.

    I thought by using EAD i will save my 6 months on H, incase anything goes wrong with 485 i still hv 6 months on H left.

    looks like its a grey area .... will differ it to opinion from any lawyers.

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  • irukandji
    02-14 12:54 PM
    Thanks for the quick reponse. That information is quiet useful.


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  • Blog Feeds
    01-05 09:00 AM
    Now this is hardball.

    More... (

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  • rongha_2000
    04-22 12:16 PM

    Considering you are an immigration attorney. Will you help me in my query?

    My daughter is 2.5 years old and is on H4. She is receiving some modelling offers for commercials and photo prints. I understand since she is on H4 she cannot work. But can I apply for her EAD and work SSN by which she can work on these assignments?

    I am looking at this purely for my daughters personal development and no big money is involved but still I dont want USCIS to think she is working even though she is on H4.

    Your insights are appreciated.

    Unfortunately, there is not going to be a hard consensus and a good satisfying answer until USCIS comes out and fixes the law. The problem comes from inconsistent USCIS memoranda as to whether an employer who moonlights on EAD has "left" his employer.

    AILA has recognized this inconsistency and has provided us, immigration attorneys, with guidance on arguing why the inconsistency should be construed to mean that moonlighting on EAD while preserving H-1B is ok; however, nobody can guarantee that the USCIS will agree with these arguments 100% of the time.


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  • nissan_1
    06-15 09:50 AM
    As long as you return before the stamping expires on your passport, you are fine. Just carry the new H1B Approval with you and 2-3 recent paystub and a job reference letter from your employer. While entering US, show the new approval and make sure your I-94 has the correct employer name and expiry date. Sometimes the officer makes mistake :)

    If I were to go for an India visit, Do I need to have the stamping done again while returning?

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  • anilsal
    07-10 12:27 AM
    I am sure MS has a lot of applicants that are facing retrogression. They do support employment based immigration.

    I do not work for MS.


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  • sanju
    12-09 12:20 AM
    This one is even better



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  • bitzbytz
    06-21 02:08 PM
    I know a person, who was on H1b since Oct 06 without Pay (with valid H4visa stamp) and In feb 07 , she went to India and returned to US on her unexpired H4 visa. Did anyone hear similar stories.

    I am trying to find out, if returning to US using unexpired H4 visa is safe option


    applying for COS from H1-H4.


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  • ameryki
    07-20 01:08 PM
    tricky one. whats her legal status in the country right now?

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  • pandu_hawaldar
    07-06 09:16 AM

    My wife's AP is expiring in mid of October 2010. I am going to apply for her new AP before she travels to India in the 3rd week of July. Is there any issue if she comes back with the new AP? As the renewed AP will be received while she is in India. She will leave with her existing AP and enter back (lets say in Nov 2010) with newly renewed AP.

    Please guide.

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  • sprash
    05-03 01:07 PM
    Does anyone have any experience how long it takes to get the Canadian visa if my family members who are visiting were to travel to the Canadian Consulate in Seattle.

    Earlier you used to get on the same day (in matter of hours), but apparently in March of this year, they changed their policy. "Minimum 24 hours" is not a very helpful indicator for planning :(

    Temporary Resident Visas (Visitor Visas)

    Applications submitted in person are accepted during our walk in hours Monday through Friday 8am to 10am. Effective March 8, 2011, applications submitted in person will no longer be processed on the same day. The minimum processing time will be 24 hours. Passports will not be returned until processing is completed. Processing times for mail in applications vary, please allow at least 4 weeks for processing. The Seattle Consulate does not provide expedited service, if you have urgent travel, it is recommended that you apply in person.
    How to Apply (

    January 3rd, 2005, 01:30 PM
    Thanks. How about this ?

    07-20 06:23 PM
    I would like to file my PERM through a good immigration lawyer in bay area. Does anyone have any recommendation? Has anyone used Indu law firm?
    Some of the big names like fragomen etc seem to handle mostly company cases and are too expensive for individual case filing.
    Also how much is the charge typically for the whole GC process or PERM. I know it would vary depending on lawyers but i am looking to get some general idea on how much people on the Forum have spent filing their cases from GOOD lawyers.

    I am going thru Indu Law Firm.. She / Her Assistances are well orgnized (firm)

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