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  • eb2_mumbai
    10-16 11:05 AM
    eb2_mumbai,
    Most your recent postings are logical but still so much red here- I gave you green.

    Thanks for the green gbof. Last Friday I was on 3 green's and then I started to write on this thread for H4 work permits and went down to 8 RED's and then now on 6 Red's so I guess its been a roller coaster ride for me. :-)

    Just a warning to folks I have a strong feeling that perhaps EAD renewal might be a good place for IO to demand a fresh EVL. That is based on assumption that it goes to same level/ group of IO who adjudicates 485. If there are different groups that look at 765 & 485 then I guess all they care is to look up the system to see if 485 is pending and then approve 765 (which is normal workflow). I still think this is what they will follow because otherwise every 765 application (proimary) will result in RFE which is additional workload for CIS. They would just add it to required documents to make it easy on all of us.





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  • rajeshalex
    10-01 04:34 PM
    We can suggest this to ombudsman. Its wastage of time and money on the applicant and the USCIS(tax payers money)





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  • iwantmygcnow
    11-05 04:23 PM
    Thanks for the information.

    Unfortunately my EB2 I140 does not have the EB3 priority date assigned as my attorney did not seek that when applying. Now He is trying to get the EB2 I140 amended with the EB3 priority date. TSC keep rejecting it without giving any reason.


    Did you use your own attorney?

    --Kiran





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  • snathan
    09-29 11:11 PM
    Whats your legal status. If you are a USC, you can bring in Fiance visa.



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  • rbashir
    09-01 09:10 AM
    guys and gurus, Very desparate at this point, any help will be appriciated, I really need to answer these questions, please give me some guidance or some sample responses if any body of you have gone through same issues. PLEASE HELP
    I have a very unique in RFE that I got. First a little background, My first H1 was with company A, from 2001 to 2003, in the year 2003 , the company had ran out of projects and had no more work for me. The vice president of the company A started his own company (company B) and offered me a job and did my H1b, I am still with the same company B till today. My labor is approved; I-485 is applied, got my finger prints done. Now the real issue, recently I got RFE on my I-140 and have 12 weeks to reply. With the standard RFE I have been as some other questions also. Here is my RFE in numbers

    1 - It does not appear that the beneficiary has the two year experience in the job offered as required by the ETA 750 by the priority date.
    My Question is how do I prove it

    2- It is noted that (employer�s personal name) appears to be the Vice president of company A and Company B. Is this correct
    Yes. I have explained the reason

    3- The employment letter of company A is not dated and cannot be considered

    What if I may get the employment letter with date, I do have my start date and end date mentioned though on the letter

    4 - Please submit letter on company letterhead from former employers that identify their authors, the author�s job title and addresses and they must include detailed description of the duties performed including the dates of employments.
    I do have the letters from my previous employers but not unnecessarily with the all informations that they are asking, how should I handle this

    5- Please provide evidence the beneficiary has required experience as stated on the individuals labor certification by the priority date

    6 - Please submit at least one of the following for 2003,2004,2005,2006 from the petitioner of the i-140
    A copy of the corporations annual federal tax return including copies of all schedules or
    An audited financial statement or
    An annual report

    7 - Please submit a statement from the petitioner and a statement from the beneficiary. Please explain the relationship between the owners of the petitioning business and the beneficiary.

    8- Does the beneficiary have an ownership interest?

    9- Is there a familial relationship [ between the owners, stockholders, partner, corporate officers, incorporators of the petitioner and the beneficiary/

    10 - The indication must be made by the petitioner and the beneficiary

    11- If a relationship does exist, please submit a detailed exploitation and provide evidence that the relationship was disclose to the Department of Labor prior to the certification of the ETA.

    Now, I do not have familial relationship with the vice president of the company, I do not have any owner ship interest in the company. It is strange the VP of the company A and company B is the same guy , since he left company A and started his own company B and I moved with him to company B since he has a job for me.


    Please help me here, I am really worried what to do and how to have all this information replied.

    Thanks





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  • pmamp
    12-21 10:51 AM
    hi All,
    I am on AP/EAD and need to Transit thru Paris in February. I have a confirmed return ticket and my visas have expired. I am currently in India.I called VFS and they told me that I do not need a transit visa however when I emailed them they responded by saying check with your Airline. I am trying to email the consulate in Mumbai but keep getting bounce backs.
    However I found links on the Atlanta and Washigton consulates that say that I need a visa.

    http://www.consulfrance-atlanta.org/article.php3?id_article=827
    http://www.consulfrance-washington.org/article.php3?id_article=383

    Has anyone returned to the US recently on a Advance Parole and expired Visa? and did you need a Transit visa? It would be great if you can tell when you returned. Immigrationvoice seems to be the only place where I could possibly get some real answers.

    Apologizes if this thread is under the wrong category
    Thanks
    Radhika

    As far as I know, transit visa is required in case you do not have a valid visa/ citizenship for the departure country. So, if your visa has expired on passport but have visa approval/ or other documents to support AND you are traveling from US to India via France then you would need France airport transit visa.

    However, in your case, since you are Indian citizen (I assume) and traveling to US via France you do not need a airport transit visa.

    The logic behind this weird rule is that in case you are stuck in France for some reason and they want you to go home (deport) then you should have valid visa/ citizenship to the country you came from.

    Otherwise, none of us (Indians or other nationals) would need a transit visa to Europe going from US - India as we have Indian passport.

    Hope this helps. As you know you can always check with airlines/ consulate to make sure you are good to go.


    ~ happy travel



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  • chanduv23
    11-20 08:57 PM
    ^^^^^^^^^^





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  • pappu
    09-25 12:56 PM
    Having 3 days left for your date to be current does not mean much if you are thinking of getting your GC on oct 1. Not everyone gets the GC as soon as the dates get current. Ask people whose dates became current in June. Have you also checked if your name check is cleared?



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  • kish006
    10-31 09:03 AM
    Any luck today for any body. Please post if u got ur recipt number( july 2nd filers).





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  • indrajal
    11-02 12:11 PM
    Call your employer and ask him for all these documents. These are agreements between your employer and client. He should have these.

    thanks for the reply sir.
    i am kinda confused since i dont work for a consultant , also my company dont have a fixed client.
    I work for on an in-house project which sells services online to different people. We dont go out and sell it, we dont do custom softwares, we help people in doing their paperwork and charge a little fees.
    in this case who is our vendor and client. i am assuming that the employer and petitioner is my boss but i dont know who would the other two be



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  • reddy_h
    10-25 12:08 AM
    No, once your GC is approved, her H-4 is invalid. You have to use Follow to Join, no other choice.


    Ok Guru's I am in an awkward situation. My GC got approved some time in Aug 2008. But before the approval of my GC my wife in india applied for H4 visa based on my H1b. The consulate approved her H4 and stamped it on her passport last month. Even though I am on GC now. i have files I-824 for her Follow to Join.

    Now the question I have is.

    1- Can she travel to US on that H4 (the visa stamp is valid till 2010)?
    2- If the CBP agents at the aiport let her in the country can I file for her I-485 and have her wait here on AOS?

    Let me know what you guys think. On mountain crossed and still more hills keep coming.





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



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  • kaisersose
    07-28 09:52 AM
    I came to USA on L1A through company A in February,2008 and working on L1 A till date.My I-94 is valid till feb,2011.

    I filed H1B through company B in April,2007 in India and got approved petition in August,2007. That approved petiton is with my company B in USA.I have not gone for H1 B stamping.

    Now I want to switch to H1 B in USA.I was told by my friends that,I can work on H1 B with my approved H1 petition.and I need not to go for H1B stamping.
    I need to get visa stamped only if I goto India and to come back USA.

    Can I work directly on my H1B petition with out stamping visa?

    Incase, stamping is required, Shall I go to canada/Mexico for H1 B visa stamping.

    Can I come back to USA with my L1 visa from canada/Mexico incase H1 b visa not issued? or shall I need to go back to India from Canada/mexico it self?


    It depends on the type of H-1 approval you have.

    1. If it was applied as COS, then it will have an I-94 attached to it. This means on Oct 01, your status will change from L to H and you can no longer work for your L employer.

    2. If it was approved as "visa to be issued abroad", then it is not valid until you get a H visa stamped at some Consulate.





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  • 485Mbe4001
    10-02 07:53 PM
    short answer...You are the chosen one you can do what ever you want, while USCIS will do what they think is right...IMHO plenty of legal trouble for you, your company and your lawyer. While you are at it why not ask companies C,D&E to sponsor parallel applications for you, the more the merrier....i think you are a troll...Hardworking, law abiding immigrats get a bad rap because of people like you.


    So am still little confused... Should I go this route... The reason is the company who is willing to do my GC is doing also in good faith. But with the economy the way it shapes up... they are not sure, but as a good faith they did agree to start my GC process. Well I will be bearing the lawyer expenses...they would manage the mandatory fees. So they have very little to loose.

    What do you guys suggest! I have heard many people who work with company A and GC is done by Company B ... ( Correct me if I am wrong here)

    Appreciated



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  • HV000
    12-30 10:23 AM
    I do not see any reason why uscis cannot give 3 year extension with ONLY 485 receipt and I-140 case number printout. With these, USCIS should be able to determine the priority dates and whether the person is retrogressed or not.
    An actual case would be helpful.

    I spoke to a reputable attorney and they said its possible to get 3 years extn. using the case number screen shot.





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  • gaggu
    07-12 02:20 PM
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  • floridasun
    01-30 11:55 AM
    Pardon my ignorance, I am a little confused here ... For EB2, would it not suffice if the job description explicitly says it requires 5+ years or a Masters + 2 yrs ?





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  • chanduv23
    06-19 12:00 PM
    Your mom had GC in 80s? Why are you in EB queue? You should have gotten your GC by now. Just kidding:D

    My dad had GC in 70s, he came and went back to India to pursue a lucarative job.
    He is currently here on a visitor's visa and during the visa interview at Chennai, he showed his expired green card - and they confiscated it (after 30+ years of expiry)and gave him a tourist visa.





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  • DareYouFireMe
    02-19 12:29 PM
    One question for I-140 for EB-2 versus EB-3.

    If one applies for EB-2 at I-140 stage under premium processing and they turn it down. Does the application automatically go into EB-3, or do they ask you to re-apply for EB-3 at I-140? In that case, I am guessing that the premium processing fees that one has paid for EB-2 goes down the drian, right?

    Please confirm your views, as I have heard different versions.

    Thanks!

    I-140s are never downgraded. During LC approval dept may say - looking into job requirements it can be only approved in EB3. of course, you have opportunity to challenge/substantiate your claim for EB2





    Raju
    08-19 09:06 AM
    its on main home page,

    here is the link

    http://murthy.com/news/n_2yrerr.html

    This is wrong!!!!

    I got 2 Yrs EAD. My I-140 is still pending. I know a few folks that also got 2 yr EADs with I-140 still pending





    gc_check
    07-02 10:00 AM
    Folks, Please share any updates if received from your attorney's pertaining to this July VB revision rumors and confusion. This will assist in getting some updates for guys like me and other members you have little or no communication with attorney/legal department after submission of our documents. We are just hoping they took care...



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