Wednesday, June 8, 2011

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  • bombay_masala
    06-18 01:09 PM
    What is the Alien Registration number from I140 approval ? How do we get it if we don't have the copy of I-140 approval?



    Any more thoughts on this issue. I am making a list of documents in three categories: (i) docs/info needed absolutely (ii) docs that are not must but might help (iii) docs that are not needed at all. Please edit this list based on your research (if you can add links/cite docs to support that would be great).

    With long delays many people will be using AC21 and we might see these question repeatedly - a sticky thread can really help.

    (i) Documents or information that is essential (if you don't have these documents or info don't even think about changing jobs and just stay put at old employer)

    485 receipt number
    Alien Registration number from I140 approval (if its already done)
    Employment letter from the new employer with title/function same/similar to labor application
    Job functions from approved labor/I140 to get the above
    ??
    ??


    (ii) Documents or information that is not necessary but is good to have (try to get these documents; if you are not able to get them there might be still a way to use AC21 using a lawyer or something)

    A copy of I140 approval
    A copy of labor certification
    ??
    ??


    (iii) Documents you don't need at all (don't loose sleep if you don't have them; even if you dont have them you can use AC21 without help of a lawyer)

    ??
    ??





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  • MYGCBY2010
    10-03 11:16 AM
    USCIS addresses RFE's to attorney who represents you, you will not get the RFE. Even if you call USCIS, they will not provide you with clear details.

    Try calling them to know about your RFE; you might get lucky!

    I did call them... They didn't provide me the details of the Additional evidence and asked me to wait for the Notice.. Also they said they will be sending it to my address.. I was under the impression that they will be sending it to my lawyer.





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  • humdesi
    05-31 10:37 PM
    In this case the guy is a software engineer. The consulting company is willing to show that he is a manager.





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  • satishku_2000
    07-30 05:08 PM
    Thanks for posting this. I was thinking of creating a thread for this purpose. Self filers please make sure that you file the "correct" versions of 131 and 765

    Here is a link for your reference.

    http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCR D



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  • desimass77
    05-11 01:56 PM
    Yes, my school did query with USCIS and got the confirmation that I am at AOS stage. I got AP valied for one year, but I did talk to the school stating that since I am within USA I will not get I-94 as I-94 is given to people who are entering from outside. As my new AP is issued by USCIS it is a valied document.

    My FAO communicated with their International Students office who handles immigration issues to confirm this and I got my Loan approved.

    Good Luck

    Hi desimass77. How do you convince the school that you are qualified?

    My wife has a similar situation. We tried to convince school that we are qualified under "parolee" category. However, my wife's I-94 expires (she entered US using AP last June). Her school uses this reason to reject again. Now, we decide to re-enter US again to get a fresh I-94.

    Her school officials say that they are going to query USCIS database once my wife gets a new I94 stamp. It is something called G-845 form.

    Just curious, did you school query USCIS database on your case? Or your school just think yo are qualified?

    I think the "parolee" category is really ambiguous, since it requires student to enter US with parole for at least one year. On the other hand, it wants I-94 unexpired. AP can hardly fit into this category, as if we entered US, the valid length is usually less than 1 year, unless we re-enter US on the exact same date when the AP was issued.

    Please, if anybody successfully convinced school on FAFSA, please share your experience here!





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  • Carlau
    11-17 10:04 AM
    I don't think that anyone minds that you discuss this, but for that you should pick this area http://immigrationvoice.org/forum/forumdisplay.php?f=16 that has a little bit of everything and comments about current events.



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  • GCOP
    09-24 10:39 AM
    Guys, HR 5882 is having Total recapture of 550,000 visas (Employment Based + Family Based) . We all were hoping that this bill would pass, but it did not pass in Judiciary Committee so far. Probably because of opposition from some lawmakers, may be group of some people due to current state of Economy.
    But How about, if we would just try for "Recapture for Employment Based visas , for Adjustment of Status" ( EB Visa recapture Numbers are arround 218,000). By this way, no American job would be taken away as this is just a recpture of visas for just Adjustment of Status. So, if we can drop Family Based Visa Recapture from the bill (approx.332,000 visa), this bill might pass in the congress. Looks like, we do not have any choice and bill might still have possibility of passing in lame duck session. Don't get me wrong, I also want to keep Family Based Visas in the Current State of HR 5882 Bill. But if we would be able to pass just recapture of Employment Based visas at this stage, Family based visas recapture can be taken up later on. This is just a thought. IV core group and members can discuss this idea for further action.





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  • Leo07
    02-13 03:12 PM
    There is no rule/law that'll help you get a green card if you stay here for 10 years or even 50 years.

    People are not trying to be rude, just a little confused with your innocence.
    Honestly, some of us are waiting legally for more than 12 years for the green card. So, given our situation, your question tickled us.



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  • dingudi
    11-08 01:22 PM
    our notice date on receipt is Sept 12, 2007....but no FP notice yet!

    How long does it take to get FP notice? one of our fren got receipt later than us but already got FP notice ....


    There are lot of people who are in the same boat. I am July 2nd filer , ND of sept 10 with TSC, No FP yet.





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  • royus77
    07-10 10:22 PM
    We should better target each and every senators/congress in the judicial panel which oversees immigration with a message and a request to look into VB fiasco and recapturing of EB numbers .

    May be some of those message through flowers / community services in that particular leader district /meeting them with a group of people



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  • bsbawa10
    05-31 07:22 PM
    I am going to apply for a position in Oracle but do not know if it files green card or not. I am reluctant to ask this in the interview.(They may prefer somebody who does not need it) . Also I wonder if there is any wait time for them to file the green card after joining. I posted this because I think some of you might be working for Oracle and might be knowing. Anybody knows the answer , please reply here or send me a private message.





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  • SR2610
    07-12 02:25 PM
    I got different answers from Khanna and Murthy.

    Khanna office saying we can apply for 485 with old priority date(140 will be approved with new pritority date), murthy office said it's better to get 140 approval with old priority date and then go for 485.

    check with your attorney.



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  • lvinaykumar
    05-18 12:42 PM
    The only scenario where porting from EB3 to EB2 would help someone else in the EB3 queue is when the person who ported does not use the regular allotment of the EB3 and hence another EB3 person gets it. But then, a lot of EB3 folks get in front of other EB3s by moving to EB2 and this reduces the chance of the extra visa numbers reaching EB3. I would say porting is not good for the EB3 people staying in EB3 except a few situations.

    I was not aware that EB3 were getting over regular allotment....but porting is the only way i see people getting the GC in a reasonable time-frame if you are stuck in EB3 queue :cool:





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  • nixstor
    10-05 11:04 AM
    35-45k Euros is 45-58USD

    taxes are 30-35%

    Rent is 900Euros (Thats a lot)

    No familiar contingetnt :(

    No savings, no fun.

    I am not saying you shouldnt look into other options, but this doesnt sound rosy to me.



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  • sohilbt
    09-10 10:40 AM
    All,
    I think we are most close to H-1B process and thus we should be one who should propose changes to H-1B program to congress so that they can make program more fair and transparent to all. I suggest the following changes. I think IV core should take this up with senator/house representative.

    H1-B improvements:

    1) Instead of visa becoming available once every year (1 October), make visa � of the visa quota available every quarter and one can apply for visa in any given quarter on any day of the quarter or 10 days before the start of the quarter. Unused visas of preceding quarter are added to the next quarter.
    2) Remove lottery system of awarding visa. In stead use the following method:
    a. Until the first day of quarter, all applications for that quarter is accepted (first day of the quarter not included). Visa availability decision is made on first day of the quarter and then every first day of the week of that quarter. Let call these days �visa count day (VCD)�.
    b. If number of application received between to consecutive �visa count day� or before the first VCD is less then number of available visas, all those applications are assigned available visas. Available visa count is reduced by number of applications with assigned visas.
    c. No application is accepted if it was received on or after the VCD AND it was determine on that VCD that sufficient visas are not available for applications received between preceding VCD and the current VCD (or 10 days if VCD is the start of the quarter). Call this VCD �cut-off VCD� and immediate week (or 10 days if this is first VCD) preceding it �cut-off period (CP)�
    d. The application received is CP is assigned available visa as follows:
    i. Create the pool of all the employers who have applied in CP and still have H-1B application requiring new visa.
    ii. Start with an employer playing highest salary to the H-1B applicant and assigned one visa to that application. Remove this employer for the pool. Move on to next highest paying employer in the pool and assigned one visa to that application.
    iii. Continue doing point two (ii) until all visas are exhausted or there are no more employers in the pool. In later case, again create employer pool as stated in point one (i) and repeat the process.
    3) Special clause for consulting position: If application for H-1B visa requires consulting work, following is required:
    a. New LCA is required every year and when consultant changes the client.
    b. New LCA must be based on the client�s job and experience requirement.
    c. H-1B applicant must be paid based on LCA.
    d. If H-1B applicant can establish significant fraud/H-1B exploitation, he/she (and any dependent) is awarded EAD immediately and he/she is eligible to apply for permanent residency without employer application. Employer is no longer eligible to apply for H-1B application and is fined $1million per fraud.





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  • GCNaseeb
    10-31 01:39 PM
    I just called USCIS and spoke to an Immigration Officer. He said I have to resubmit both I-131 and I-765 alongwith original EAD and AP document to the service center from where I received both my EAD and AP. I also need to submit copy of original forms or a birth certificate to prove the error from USCIS in order to waive fees.

    He also said Infopass is only for enquiry and won't help in typographical errors.

    I guess, whole new process would take another 3-4 months; what a mess :mad:



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  • mzafar125
    09-22 01:24 PM
    Hello,

    I am getting ready to file my I-140. Can someone please tell me what additional documents I will need to file with my I-140 petition. I appreciate your assistance.





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  • shx
    09-27 11:11 PM
    Hi Everyone

    I got an RFE for my I140 filed in September 2006. They asked me to show my W2 for 2006 and also show that the employer had the ability to pay the offered wage in case my W2 is less than the offered wage.

    My W2 has 8k less than the offered wage. My company has not yet filed 2006 Taxes. Can you tell me whats the best thing to do? My employer has good revenue, but I guess he has been showing a net loss every year.

    Please help me out. Tell me if any of you have gone through similar issues.

    Thanks!





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  • Dhundhun
    06-11 10:05 PM
    I sent it using United States Postal Service (usps). I did use full zip code (75185-2401). I also used usps return receipt, which means somebody from USCIS has to sign this form.

    Return receipt is problem for PO Boxes. This is unattended. Not sure who signs it. Generally they put a paper in Mail Box., and based on that someone will be picking from Post Office.

    This is the reason for it - so it will be delivered.

    I just use delivery confirmation for P.O. Boxes.





    GCOP
    04-01 03:32 PM
    I would be appreciated, if people returning at NJ Airports can post their experiences of Successful re-entry . That would definitely be helpful to all other people, who will have to travel, in case of Emergency.





    rsdang1
    10-13 04:51 PM
    no dude..it does not..there is not much it will give us..
    we need visa recapture, elimination of country quota and simplification of ac21 rules
    (i feel like i am asking for free beer :p)

    Dude I agree that we need Visa recapture but and additional 50K visas a year for EB will go a long way as well....

    In current situation any increase in EB visas will help...

    :)



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