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  • Mariam
    02-24 03:39 PM
    Hi everyone,

    I really need somebody's advice on what to do next. Here is some info:

    Im holding F-1 Visa, currently on OPT status until 08/2011. Filed I-140 in August 2010 as EB1 extraordinary ability - athletics.

    My achievements in athletics:
    1. Been in sport for 10 years.
    2. Member of the National team 2003-2006.
    3. Member of the University team 2006-2010.
    4. Many times National Champion and prize winner of my own country.
    5. Participant of World Cups and hold medals of European Championships.
    6. Published in local, regional and some National newspapers at home and some local newspapers here in States.
    Many others to go, but those are the major ones.

    Did premium processing, got Intend to Deny. Submitted more paperwork, got denial in November 2010.
    All this time had a lawyer, paid a lot of money, but as you can see, it didnt quite work out. He claimed to be a professional in this field. Never got denials before.

    USCIS critique:
    1. Membership in the national team is not sustained from 2006, therefore it doesnt count.. (But, I was here in states all those years, couldnt travel because was in school, plus I have a letter from a President of Athletic Federation for my sport, saying that according to my results that I showed while here in States, I would be the member easily all these years). Overall, USCIS didnt find membership in the National team to be extraordinary..
    2. Some national publications are too short, there has to be a huge article about me. In regional newspapers I have huge articles, but newspapers are considered not major (however, they are professional)

    Out of all criteria, they only approved one - national award. Membership and publications are not meeting the criteria. I had about 250 pages of supporting documentation.

    I am very upset and dont know what to do. I am afraid to hire the lawyer, because all of them say that my case is pretty good, but we already lost a lot of money for nothing. I do not want to repeat the same mistake. My Lawyer suggested appealing the decision, but it would cost me about 15,000 more and about several years o processing. I just do not have such money and time.

    I have decided to reapply and need some advice on how to go about it. I will be a self petitioner, luckily there is no employer offer needed. I may hire some lawyer, but if it is not too expensive - I need the one that knows what he is doing.
    I would greatly appreciate any information. Thanks.

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    10-19 12:45 PM
    Initially we applied for Labor in July 2001. Waited for 3.5 years to get approval. USCIS processed applications recieved in April 2001 for more than three years!! In January 2005 we finally got our Labor certification. In April 2005 we applied for I-140 and I-485 at the same time. I-140 was approved on July 2005. I-485 still pending due to the name check not complieted for primary applicant.
    The same question over and over again, for how long will we wait more?

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  • nmdial
    10-16 05:21 PM
    Please, count me in.

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  • ztopia
    03-30 09:09 PM

    Yes. U have to file a G28 for ur spouse. I am in a similar situ and am in the process of doing so myself.

    As for the actual porting, did u do an H-1 transfer or did u start at ur new company using ur EAD? If u did transfer over ur H-1 did u wait until u got the actual USCIS receipt to start work?

    Does anyone know what what legal expenses one might ...once form G-28 is filed for a new lawyer to represent an applicant (I-140 has been approved and I-485 was filed more than 180 days ago)??

    Hi All,

    I have used AC21 to switch employers. I also changed attorney using G28.

    Do I need to file G28 for my spouse as well for the new attorney?

    Any help will be appreciated.



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  • Saralayar
    07-10 05:45 PM
    IMO there is a good chance you will qualify for EB2. When doing educational evaluation, you should base your claim on your masters degree. That way you would qualify.

    The worst part is in justifying an EB2 case. As the job market is very bad and many US citizens with the required qualification for the position are available, it will be very difficult for the company to justify that no one in this country is available except you for this position. Lot of big companies are afraid as there is a strict AUDIT that will be enforeced by USCIS in case they have a doubt about the non availability of a citizen for that position.

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  • dohko
    04-07 01:57 PM
    Well I have a BS and MBA with 1 year of experience in my current company. And they're not willing to do MBA+0. So I guess Eb3 is the only option.
    Both degrees are from a US university.


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  • indianabacklog
    09-26 04:02 PM
    Does anybody know what the fees are for filing EAD (yearly) extensions if you filed for EAD, 485 before August 17.



    It is listed on the USCIS website beside the link for the I765 form.

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  • snathan
    08-18 11:24 PM


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  • fair_law
    08-06 10:43 PM
    I have my green card interview end of this month in Indianapolis. Not sure why I was called for interview at this time as I have a EB3 India case with a PD of June 2007. I am a july 2007 filer. I was wondering if someone can recommend me a good immigration lawyer around Indianapolis to accompany us for the interview.

    I recently used my EAD and moved to Indianapolis. Not sure if that triggered the interview. Any genuine help would be appreciated.

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  • terpac
    02-03 07:30 PM
    This is EB2 and I had more that 6.5 yrs of experience at the time of labor filing.
    The case is in NSC.

    PD: Jan 07
    I140 & 485 concurrent filing in July 07



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  • raamskl
    11-25 09:39 PM
    hm, didn't know that. Thanks Wandmaker.

    Am assuming that in this case clarify has to get his part time employer to file for a NEW h1, which ofcourse means he is under the h1b quota, which was exhausted on the first day they started accepting it for 2008.

    So I guess clarify is better off with his EAD.


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  • mrana
    01-13 08:20 PM
    Hi ,

    I'm looking for university professor/asst professor/lecturer job whereby university can sponsor h1b.If anybody can point me to universities which sponsor h1b in/near bay area ,it would be great. the local community colleges does not seem to sponsor h1b.

    Thanks a lot,


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  • samrat_bhargava_vihari
    05-27 04:22 PM
    Two weeks is normal. We filed paperbased renewal last month end and it got approved.

    though it is difficult to identify the EAC/SRC no in soft copy of check.
    If you can able to print the back side of check you can easily figure out the EAC/SRC no.

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  • sammyb
    02-16 11:57 AM
    DS 157 is required based on age of the applicant ... your dad may not need but your mom need it ... pls check the vfs site for age range for DS 157 ...

    hope this helps


    I recently booked an appointment for visiting visa for my parents through vfs, during the process , I first entered my Dad's details and then his ds 156, then It asked if I wanted to add additional family members, then I entered my Mom's details and her ds 156 . After that it asked for my Mom's ds 157 and never showed my Dad's ds 157.

    So the final list of documents it generated was :

    Dad's ds 156, Mom's ds 156,157 , interview letter.

    Is this correct, does my dad need ds 157 and interview letter or is 1 ds 157 and interview letter enough ?

    Thank you for your time.


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  • visa_reval
    03-14 02:31 PM
    Guys I need your expertise and valuable answers on this:

    I have an approved labor and approved I-140. Based on this I've got extension for 3 more years. I have a contract-hire opportunity which requires me to be a consultant for "X" months. I know I can transfer my H1 to another company. But my question is, can I transfer my h1 again to join the client after "X" months.

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  • docusmle
    08-15 09:02 AM
    I f there is one word difference between first name in marriage certificate and birth certificate will that be basis for rejection of application or will it just be RFE?
    First name on the birth certificate and passport is the same but instaed of "ta"there is "tha" in marriage certificate .Due holiday ,it is just impoossible to get affidavit by tonight.
    Please I sincerely appreciate your opinion what should be done in such case?
    Wait till 16th evening ,hoping to get affidavit which may or maynot be possible or just go ahead and submit application now?

    Thank you so much.


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  • krishna.ahd
    03-13 03:38 PM
    here are the visa numbers used in 2006 for EB2 and EB3.

    EB-2: India(3,720), China(3,347), Canada(1,248)

    EB-3 Skilled: Mexico(6,766), Korea(4,375), Philippines(4,114), Ecuador(3,747), Brazil(3,670), Poland(3,230), India(3,006), China(2,477), Pakistan(2,091)

    Assuming there are atleast 300K Indians waiting for visa numbers in the EB2 + EB3 category (including dependents) and 6726 out of them were covered last year, we will have to wait for just another 44 years and 7 months to get an immigrant visa number. LOL
    If everything goes well as planned atleast GC is assured for our children ( for some like me - grand children) .

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  • pappu
    03-10 03:11 PM
    You can always add corrections, You are the Admin!

    Do not waste your time on soft LUDs

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  • gcturbulance
    06-22 10:41 AM
    Hi Experts/Lawyers,
    Hope someone can shed some light on this case, anyone who is/has experienced this situation.Thanks in advance for any help or suggestions.

    My previous company (9yrs), they filed for my GC.
    Labor approved and they did a concurrent filing in august 2007.
    After a year I lost my job, no choice, had to quit, tired to hang in there for I-140 approval but, they had one lay off and I was safe and another layoff soon after I left the company.

    After a month or so they withdrew my I-140 petition and it was not approved.I didn't get any notice, but came to know when I got my I-485 denial notcie.

    I found a new job out of state, working remote.Filed for I-485 and I-140 MTR/appeal with the help of new attorneys.They claimed since the concurrent filing was past 180 days and if I-140 was approvable they should approve it and allow me to port to the new company.

    Meanwhile I got H1B extension with the new company.

    The MTR/Appeal Got denied and the notice didn't mention anywhere that my petition was unapprovable, but since it was withdrawn, it's denied and we did show the proof of new job and job offer and pay stubs in the same/similar position and responsibility.

    We tired two more appeals, I tried Congressional office, everything failed. Now the attorneys suggest that I go for Writ of Mandamus, and I' am going for that now.

    Meanwhile my H1B with the new company is valid till sept of this year.I do not have new perm pending or new GC process, but will still have the job offer for AC21.

    Also my spouse is a GC holder, will be eligible to file for citizenship in 2011.

    I have to stay legal till that happens or I hear from the lawsuit.Can't extend H1B since GC process is not pending now (this was my 9th year extension).

    What are my options? Is it safe to try and see if I can change my status to F1 and go to school here till my spouse gets the citizenship? I have a I-130 pending through that way.So my immigrant intend is clear.Help please.

    06-19 09:05 AM

    How long does it takes to get an Advanced Parole documents after filing I485?
    Will it be safe to file I485 and AP/EAD if I am planning to go to India in next 4 or 5 months?


    Contributed $ 200
    I gues with iin 2 months for AP. but i don't know in current scenario with lot of applications. There is no harm in filing AP & EAD with 485. Even if you get them you can use it or not choice is yours. but if you use EAD h1/H4 will be invalid and you have to come back in AP. Also if you come in AP then your H1/h4 will be invalid you have to use EAD.

    I think 4-5 months is decent time to get AP. But with current volume I am not sure.

    06-05 04:41 PM
    Just want to know that is there any law
    which help to get overtime for full time employee.

    I know if you consultant you get paid by hours but not when you become full time employee.

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