Saturday, June 11, 2011

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  • franklin
    02-10 04:10 PM
    I think it all depends on what the job qualifications required are.

    For Eb2, the JOB DESCRIPTION (i.e. - not what your personal qualifications are) you generally need either a masters degree or bachelors with 5+ years experience. Please note, if you are thinking about jumping from EB3 to EB2 at the same company, without a change in job title - it will be tough to now say that your job requires the extra experience.

    In addition, if you don't have a master's degree, and are relying on years of experience, you are NOT able to count experience at your current company towards that.

    I know, its ridiculous, and basically discourages company loyalty.

    Hope this helps





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  • hopelessGC
    04-28 11:20 AM
    I would assume that it is already decided with the exception that a visa number is not available. So a final judgement is pending availability of visa numbers.

    This is a good sign...I think :D





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  • s416504
    08-29 03:56 PM
    Bump^^^1

    No Receipting Update as on 29th Aug 89 76.72%
    Receipted on/before 29th Aug From NSC (LIN) 17 14.66%
    Receipted after 29th Aug From NSC (LIN) 1 0.86%
    Receipted on/before 29th Aug From TX (SRC) 6 5.17%
    Receipted after 29th Aug From Texas (SRC) 1 0.86%
    Receipted on/before 29th Aug From VT/CA 2 1.72%
    Receipted on/before 29th Aug From VT/CA 0 0%

    Voters: 116. You have already voted on this poll





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  • WaitingYaar
    01-18 08:54 PM
    which category?



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  • magician7989
    09-05 06:52 PM
    I will be there. Do you know why they made all cases current in june if they have that much of a backlog. Amr Diab is some good music right there. Did you go to Sharm





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  • hopelessGC
    04-28 12:02 PM
    I found this information (probably posted before already), which could explain a little more about USCIS "pre-adjudication" procedures. It definitely provides a glimmer of hope and peace for those stuck in retrogression.

    Please follow this link: http://www.visanow.com/VisaNowVoice/1108_Voice.html

    I am posting information form this article that might interest the readers:


    The DOS has now provided some clarification of the procedures that are to be completed by the adjudicating officer once a Form I-485 application has been �finalized,� meaning that all required processing and security checks have cleared. The adjudicating officer submits a �request for visa authorization� using the Immigrant Visa Allocation and Management System Web (IVAMSWEB) system. This system verifies whether the applicant�s priority date is within the applicable cutoff date for that month�s Visa Bulletin. The case is then assigned one of three statuses:

    1. Authorized: the underlying priority date has been confirmed as current and the I-485 application should be immediately approved;
    2. Duplicate: the A number associated with the application has already been authorized; or
    3. Pending Demand: the priority date is not current, i.e., not within the cutoff date printed in that month�s bulletin.

    Due to the retrogression of priority dates subsequent to the creation of the vast I-485 backlog, a great number of cases within that backlog are in Pending Demand status. More will be placed in that category once all required pre-adjudication processing has been completed.

    According to the DOS, a Pending Demand case will be automatically authorized for an immigrant visa number once the underlying priority date has become current. The entire category is screened twice each month for visa number availability. If the priority date for a case is later found to be current, an immigrant visa number will be authorized for that case.



    Based on the information quoted above, if your I-485 application is in "Pending Demand" status, then it is will be automatically authorized once a visa number is available for your priority date :D



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  • diptam
    08-14 03:58 PM
    This is going crazy - If your Receipt doesn't comes in another 3-4 weeks will you Diefard fans of Robin Williams planning to visit him or send him flowers ??

    We all are going nuts beyond limit - I'm not excluding myself :D

    I am also a July 2nd 7:55 filer at NSC, signed for by R Williams. No receipts yet!

    PD 04/2006 EB2 INDIA
    I-140 NSC AP 10/2006
    SELF:
    I-485 NSC RD 07/02/07 ND Pending
    I-131 NSC RD 07/02/07 ND Pending
    I-765 NSC RD 07/02/07 ND Pending
    WIFE
    I-485 NSC RD 07/02/07 ND Pending
    I-131 NSC RD 07/02/07 ND Pending
    I-765 NSC RD 07/02/07 ND Pending





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  • vactorboy29
    05-14 04:59 PM
    Vactor,

    Thanks, So what was your job requirement? Was that Bachelors?

    Can you tell me that which education evaluator you use for that? I might can refer my lawyer to him.

    I had my diploma in Mechanical engineering (3 - Years) and B.E. in mechanical engineering. My job requirements were Bachelor's Degree plus five years experience. I don�t remember evaluations agency name now but I will get that for you tomorrow.



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  • sathyaraj
    10-26 10:36 AM
    Submitting AR-11 does not help but it is required. I did submit AR-11 still went to my old address. But my EAD/AP approvals came to my new address bcoz of change of address submitted through USPS. USCIS sent me all the confirmation that I have successfully changed my address for EAD/AP petitions, but still managed to send them to my old address.

    I hope it helps.





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  • Vsach
    01-10 06:45 PM
    Core maintaining a low profie?;)



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  • Munna Bhai
    01-08 03:25 PM
    How about two differrent dates for getting the visa stampped? Husband will go on one date and wife on another date, will this work? And they have kid born in INDIA. Any chance !!





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  • krishmunn
    05-11 08:24 AM
    Ask your attorney to draft the experience letter. It may not be copied toto but support letter should cover the main points in the draft.



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  • Kitiara
    10-25 04:42 AM
    Ahhh, what a great game that was.





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  • logiclife
    06-15 12:07 PM
    How 'bout: Not filing because LCA is rotting in the basement of a BEC?
    I have edited the poll to add that option. Literally.



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  • regacct
    04-26 08:04 AM
    Try sending the complete info with all the supporting documents, and a letter mentioning that you are sending this in addition to the one that was filed electronically and this was to correct the omission present in the e-filed app.





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  • cdeneo
    01-11 09:32 PM
    Thanks so much for responding to this query and providing great insight here. The only concern at this point would be if availing of UC benefits would create any issues when an I-485 app is pending but will hope for the best that this will not be a problem.

    Thanks again for chiming in on this.

    I reviewed the State of Washington's unemployment compensation website, and from what I can see you would be eligible for benefits as long as you were legally authorized to work for the last 24 months and continue to be authorized to accept new employment. You will be required to provide your A# and agree to allow the State of Washington to share your application information with other agencies such as the IRS (UC benefits are taxable).



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  • snathan
    01-28 02:08 PM
    Post it in a relevant thread or create new one.





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    09-22 03:11 PM
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  • roseball
    03-29 08:43 PM
    I got the RFE notification in the mail yesterday and here is the RFE info:

    The Service acknowledges that you filed your I-485 Employment Based Application (Receipt #) based on your approved 3rd preference I-140 (Receipt #). Service records indicate that you also have an approved 2nd preference I-140 (Receipt #) with a priority date that affords you an available visa. If you wish to transfer this I-485 to your newly approved Form I-140 a request for conversion must be made in writing. If no response is received, USCIS will continue adjudication on the instant I-485 based on your 3rd preference I-140 and will wait for visa availability based on that preference classification".


    I had another approved I-140 in EB2 from the client where I worked as a contractor. That company got acquired by another and am not sure if they still support me in the process.


    1) Did anyone receive such RFE?
    2) Should I send USCIS a letter by requesting them to trasfer my I-485 to EB2?

    3) USCIS had issued this RFE on 03/03/10 with 04/03/10 deadline but I had received it yesterday(3/27/10). I have only 1 week to respond back.
    Is there a way to buy some more time if i cant respond back in 3-4 business days?


    Please advice. I really appreciate your help!

    Thanks in advance.

    Firstly, its good that USCIS is infact tracking all approved I-140s based on applicant's profile in order to adjudicate cases which have an available visa number based on PD porting.

    In your case, technically, you can only request to tag your I-485 to the EB-2 I-140 only when the EB-2 sponsoring employer is still willing to employ you when your I-485 is approved. You need to consider a situation of USCIS issuing another RFE in addition to your transfer letter, to produce an employment verification letter from your EB-2 employer. Best thing to do is to get in touch with your EB-2 employer and check to see if he is still willing to support you. In that case, you can request for transfer. Otherwise, technically, you cannot transfer your case but can continue your case in EB-3. Obviously, getting an expert opinion from a good attorney is key as time is running out.





    morpheus
    07-12 12:35 PM
    The information quoted by morpheus is quite correct. you can attend board meetings as a director although honorory or because of your extensive shareholding. you cannot be a salaried, contracted or basically compensated director or board member. you cannot take salaries but can take dividends (profit). you can also apply for any licenses or authorizations required for the business in your name. just make sure you dont write anything off in your name to save the taxes on the dividends because that will show your active involvement (day to day) which you cannot have.


    The board issue does get very confusing. For example, an H1 is invited to be on the advisory board of a company and they grant the H1 some stock options. They don't pay the board members honororia or anything else. Is the H1 holder violating his or her status? At which point - when they accept the options? Or when they sell the stock? What if they have a green card by the time they sell the stock? What if the stock if held in the H1 employers name? It gets very confusing and there are few guidelines.

    The H1 law was never intended to cope with the complexities of modern business as I see it!

    Does anyone know some good lawyer/CPA who can provide guidance on such matters.
    Also what if indian citizen residing in india wants to sell online to US customers ?

    You could try any of the well known immigration law firms - Murthy, Rajiv Khanna etc.

    I don't see how an Indian citizen in India selling online has anything to do with immigration?





    redddiv
    07-16 08:57 PM
    i think its possible, but i guess you will still need to get a good attorneys advice on this one.

    i am no bodys agent, my advice is only what i would have done if i were in your position.

    Has anyone and their spouse both filed for 485s while listing each other as beneficiary as well?

    Is this possible?



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