Tuesday, June 14, 2011

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  • abhijitp
    01-27 03:47 AM
    FYI, I have been in the queue for 6.5 years now. I did write the letter.

    Cool... thank you for your efforts. I didn't want to offend you... just in case you got that impression. The point is, as long as the AOS is pending approval, there is the risk that we can be thrown to the back of the queue because of a rejection of the AOS application for a reason beyond our control.

    If that happens... and if we need to re-start then we are looking at about 12 years for our next chance, as it will take at least so long for a PD from 2008 or later to become current... unless:
    1) a miracle like June 2007 happens
    OR
    2) the EB GC process is revamped, which is what IV is trying to make happen!





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  • rajsenthil
    04-21 10:09 AM
    Contributed $25.





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  • anil_temp
    06-26 03:55 PM
    for me company is paying for everything except medical..





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  • mygc2006
    06-14 11:19 AM
    Like everyone here, my PD is also current. My H1b is expiring in the last-week of Nov this year (2007). If I file for 485/EAD etc. in early July. Do I need to extend my H1b? How long does it take to get the EAD? What if, if I do not receive the EAD before Nov ? Go ahead and file 485/EAD etc. EAD approval takes 2-3 months. To be on the safe side, apply for H1 extension also . it is safe to keep H1 till you get your 485 approval.



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  • axp817
    03-31 02:20 PM
    On another note - I see that people are getting denials on 485 - cases like yours, and then AC21 stuff .. I am trying to understand if there is a pattern to it.

    Yes, we are seeing more denials and RFEs these days, but we are also seeing more signs of preadjudication at the same time which makes it hard to tell if the rate of denials/RFEs has gone up.

    In Mar 2008 for example, we saw maybe 2 485 denials on the forums, which seemed like a small number, and in Mar 2009 if we see 10 485 denials, it will seem like a large number, but you have to remember that the number of applications being pre-adjudicated in March 2008 (according to NSC, TSC processing times) were probably far less than the ones being pre-adjudicated now (since the processing times have only now reached close to or past July 2007 and we have been seeing signs of pre-adjudication activity - soft LUDs, etc.).

    So if 100 applications were being preadjudicated in Mar 2008, the % of denials was 2% and if 500 are being pre-adjudicated now, the % of denials is still 2%, it just seems higher because 10 guys posting about 485 denials in a month, seems more shocking than 2 guys a month.

    Of course, these numbers are all based on the assumption that the # of applications filed in July 2007 far exceeded the # of applications that were "in process" until then, and that forum members are a good statistical sample, so in the end, it is still a guess.

    Godspeed to all of us.





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  • HRPRO
    02-07 10:56 AM
    Thanks for the response.

    The problem is not with current pay vs future pay. The company has other project managers (US Citizens) and will only pay what others get as PMs. The classification gave a pay that is almost 50% more than what other PMs make.

    So the company will not commit/be willing to pay that high wage. Why should they? I know my company pays more than average of what PMs get in the industry. BTW it is not a consulting company and I work directly for the company, not clients.

    I think the problem is that any kind of manager in computer/IT industry is classified under Computer information systems manager. While there can be hundreds of classifications that are not CIS managers.

    To put things in perspective, the classification is for my boss's boss. But the job done by me and my boss and his boss are totally different.

    So my question remains. How do we get classification as Project manager under EB2 with proper wages?

    Make the Job Description sound more generic and remove the CIS terminology as much as possible.



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  • sanax
    11-30 09:33 PM
    I cannot resist to say that how glad America is to have an idiot like u as a permanent resident whereas people with clean records are left in the lurch...

    Way to go USA... :mad:

    as you said Stupidity has no boundaries! :mad:

    Thanks for your opinion! I have been already enrolled in the USA military... just waiting for the CG!... maybe more than what you can say!???

    At least I'm prepared to defend my new country!... or is it only 'idiots' who are defending their country?





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  • nixstor
    09-06 10:21 PM
    IMHO, Any one will not get the accent because of training. One will come closer to the accent only over time. How ever, it will never be perfect.

    On the flip side, why would any Highly Skilled Immigrant working in American companies want to learn "accent" off of work. Their work place offers a lot than the website suggested.

    Am I feeding a troll? I guess..



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  • GCwaitforever
    09-22 04:16 PM
    So can I ask my colleague to send me a notarized experience letter ?

    Notarizing means taking an oath in front of a notary. Also be aware that notary is done for documents not in the public domain. Your freind better be sure of what he is vouching for. Otherwise he will get into trouble.

    Why would not your ex-employer sign your experience letter? HR department of every company once in a while receive requests like this from ex-employees and they should not have a problem with it.





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  • sathishav
    06-01 09:03 AM
    This is true for most full time positions. I used to work for Wachovia and after merger with Wells Fargo they even withdrew approved I-140s, refused to file responses for perm audits and off course start new GC process. I left after working from them for 5 years. Idea is not to scare you, but just be careful. As someone adviced above, give you best shot in interviews and once you have an offer ask them to confirm in writing that they will process GC in EB2 immediately on joining. Dont join if they dont give you firm assurance. And once you join, start working on this process immediately.

    Can't agree more. That is the issue with large companies. If you have a very, very unique skill set and your Manager is very strong that helps. Even that is out of the window in case of acquisition's/bankruptcies (don't see both happening to Oracle though). They even withdraw H1, if you have filed one after layoff.



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  • gconmymind
    08-29 12:33 PM
    My wife's H1 was applied by her Indian company's US office in March 07 and got approved in July 07. She was in India at that time. We got married in July and she came to the US on H4 in Dec 07. Then, she went to Kolkata in Mar 08 (we are from Mumbai region) to get her H1B stamped and got the stamp and started working in Apr 08.

    So, if you are returning from US to get a H1B stamp, you can go to any consulate in India.

    You can go to Canada or Mexico, but chances are security clearance can delay the process. We did not want to take a chance and chose Inida for stamping.





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  • gceveryone
    11-09 03:39 PM
    My current project is finishing end of this month (Nov) and am not sure if my company will engage me in another project, I work with a offshore model company. If I dont get another project they provide two options work from India or find another company.
    I filed for 485 on Jul 19. Got my EAD, 485 receipts, AP is pending. I-140 filed on Feb 28th 2007 at Nebraska and pending.
    What are the risks if I move at this time. Company may not revoke I-140, but may not respond to RFE. If I take two months leave .. to buy time and come back (My current H1 stamp in passport expired), can I expect the I-140 to be approved by that time, Or can I apply for a new I140 through the new company and continue the GC processing. Iam in a dillemma as to what will happen as I have only 2 months and odd days left to invoke AC21 and USCIS is currently processing I-140 Nov15 cases as of the last update and mine is Feb'07. I would appreciate any suggestions.

    Thanks a lot.
    gceveryone.

    Labor : Oct'2006
    I-140 : Feb'07 (EB3, Nebraska, Pending Approval)
    I-1485 : Jul'19 (Recd receipt notice)
    I-131 : Jul'19 (Pending approval)
    I-765 : Jul'19 (Recd EAD)

    My current project is finishing end of this month (Nov) and am not sure if my company will engage me in another project, I work with a offshore model company. If I dont get another project they provide two options work from India or find another company.
    I filed for 485 on Jul 19. Got my EAD, 485 receipts, AP is pending. I-140 filed on Feb 28th 2007 at Nebraska and pending.
    What are the risks if I move at this time. Company may not revoke I-140, but may not respond to RFE. If I take two months leave .. to buy time and come back (My current H1 stamp in passport expired), can I expect the I-140 to be approved by that time, Or can I apply for a new I140 through the new company and continue the GC processing. Iam in a dillemma as to what will happen as I have only 2 months and odd days left to invoke AC21 and USCIS is currently processing I-140 Nov15 cases as of the last update and mine is Feb'07. I would appreciate any suggestions.

    Thanks a lot.
    gceveryone.

    Labor : Oct'2006
    I-140 : Feb'07 (EB3, Nebraska, Pending Approval)
    I-1485 : Jul'19 (Recd receipt notice)
    I-131 : Jul'19 (Pending approval)
    I-765 : Jul'19 (Recd EAD)

    My current project is finishing end of this month (Nov) and am not sure if my company will engage me in another project, I work with a offshore model company. If I dont get another project they provide two options work from India or find another company.
    I filed for 485 on Jul 19. Got my EAD, 485 receipts, AP is pending. I-140 filed on Feb 28th 2007 at Nebraska and pending.
    What are the risks if I move at this time. Company may not revoke I-140, but may not respond to RFE. If I take two months leave .. to buy time and come back (My current H1 stamp in passport expired), can I expect the I-140 to be approved by that time, Or can I apply for a new I140 through the new company and continue the GC processing. Iam in a dillemma as to what will happen as I have only 2 months and odd days left to invoke AC21 and USCIS is currently processing I-140 Nov15 cases as of the last update and mine is Feb'07. I would appreciate any suggestions.

    Thanks a lot.
    gceveryone.

    Labor : Oct'2006
    I-140 : Feb'07 (EB3, Nebraska, Pending Approval)
    I-1485 : Jul'19 (Recd receipt notice)
    I-131 : Jul'19 (Pending approval)
    I-765 : Jul'19 (Recd EAD)



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  • kart2007
    05-11 08:54 PM
    Been there, done that!
    In US It takes one day if you have police report, old passport copy. I have done this at the Chicago embassy. They will issue you a new passport with visa stamp (US visa only).





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  • me_myself
    12-17 08:31 AM
    My company didn't cancel my H1 as they wanted to be in India for a year and return to US. I am still working for the same company that got me the H1.

    I also have a family - Wife (H4), Son (4yrs - H4), Daughter (2yrs - US Citizen) - should i take them with me or should i first go there, get a couple of pay stubs and then ask them to join me.

    Thanks.



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  • Ann Ruben
    01-20 12:50 PM
    Abhay,

    It is certainly possible that the response was based only on the information available online, but there is no way to know for sure. That is why it is important to get written confirmation that USCIS rec'd your RFE response.

    Ann





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  • deepakbh
    05-05 10:19 PM
    Friends,

    This is my first post.Any inputs would be highly appreciated.

    My PD is jun 2005 (EB3) and i submitted my AOS in jul 2007. I got laid
    off from my company on March 13 2009.My company lawyer told me that
    they wont send anything about my GC application but they will have to
    send notification revoking my H1B to USCIS as per the law. I guess
    this could have triggered my RFE. I applied for EAD immediately as an
    AOS applicant and got it on march 31 2009 ( for 2 years)

    I recently got an RFE asking me to re-submit G-325A ,Current
    Employment verification letter and proof of employment after march 13
    2009 ( this could be my EAD,I-797C for EAD or I-94: further confirms
    my suspicion about revoked H1B triggering RFE). Right now I don't
    have a job and it doesn't look like i will get any before may 31st
    2009 (the deadline for answering the RFE). What are my options?Here is
    what I read and thought

    Option 1:I have an EVL from my last company dated march 2 2009.Can I
    send that ?In my G-325A I would though need to mention the exact dates
    with no present employment.Can it lead to automatic denial and make me
    illegal? Should this be an option? My assumption here is that the RFE
    is just to complete the documentation and that the case will be
    adjudicated when my date becomes current.Before that I should be able
    to get a job and send the paperwork.

    Option 2:I also read on Internet that I can send a future intent of
    employment letter/good faith letter from a consultant/company saying that they will hire me in future. Does this or can this work? If so what could the
    possible language of that be? This can give me time till my date
    becomes current (which should be good enough to find a new job) .

    Option 3:I talked to a consultant and he is ready to give me a EVL .
    For this he would need to put me on his payroll ( obviously at a big
    cost) .He said that i would have to be on his payroll for atleast 3
    months( so that he is safe).This way i get EVL.Cost is too much and difficult since my income is current not there .

    I really don't know anything beyond this. I would really appreciate
    your opinions on the feasibility of these options or any other ones
    that might exist. Right now I am lost and dont know what works best
    for me.

    To maintain my status is filing COS(I-539 ) for B2 (tourist) a good option?

    Thanks and really appreciate any input.



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  • milind70
    07-26 12:44 PM
    Documents required for EAD/I-765 per person:

    Completed Form I-765 (EAD):
    http://www.uscis.gov/files/form/I-765.pdf
    2 photos(full frontal)
    USCIS filing fee - $180.00 check payable to 'United States Citizenship and Immigration Service' OR 'USCIS' with your (A# or SSN#) and I-765 mentioned in the comments section of the check
    Copy of recent I-94 card (both sides)
    Copy of visa page of passport in color
    Copy of driver's license
    Copy of I-485 receipt notice (if applicable)
    Copy of I-140 approval notice
    Copy of Marriage certificate (if applying for spouse)

    I also included the latest H1B Approval Notice and Birth Certificate as per the checklist by my lawyer. His fees was high so I filed couple of weeks back and got the Receipt Number from the back of my check.

    Since this is not concurrent filing, i think the fees will increase on July 30th.

    I dont think 140 approval notice is manditory, in many cases employees do not have 140 approval notice because that is a property of employer and not employee, 485 receipt notice is fine.





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  • TomTancredo
    01-11 04:21 PM
    Clearly Explaining

    I am working on Company A in H1B status my GC sponsored Company B for Future Employment and they applied 140 its Approved suddenly dates became current I applied AOS with 140 Approved in July afte that we got our EADS APs FPs all etc. my sponsored employer asked to join then I joined in Company B on EAD status

    what ever the payment terms which I discussed within a month he changed his words according to law he only pay salary but I am working on percentage basis I liitle bit fed up with those issues

    I stayed with them only one month and one more month

    when can I Use AC21 for safe side

    Please consult an attorney. Your case is not str8forward. Please be ready to show the documented proof in case of an RFE.





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  • TexDBoy
    02-06 03:48 PM
    I have not done that. I do have EAd and AP so dont know if i will do it. But prior to this when i got promoted earlier i have not applied for an admendment.

    ok ...
    I guess if you use EAD and not inform USCIS about the promotion and reply to AC21 RFE (if at it comes asking for employment letter and job duties), you should be fine replying it.
    However, if you use H1B, then your AC21 RFE comes and you submit a profile that is different than that of H1B, then USCIS can question that discrepancy.

    I am not sure they will do that ... but just a suggestion .. I might be wrong ..





    boston_gc
    06-05 08:33 PM
    I am in the similar situation. I think we should be fine not renewing it as long as we don't use it.

    Does anyone else has comments on this?





    gcisadawg
    03-30 08:20 PM
    If you apply for extnsion, please keep in mind your parents stays in US until you receive their approval extension. If they travel outside the while case pending and if they try to renter before case is approved, they will deny at POE and cancel and 10 Year multiple visa. Be very careful here.

    I applied for an extension for my mother-in-law. It was approved several months after her I-94 expiration date. But she left to India two days before her I-94 expiration date. I even sent a letter asking them to cancel/withdraw my application. They didnt care and went ahead and approved. When it came, it was pretty much useless!

    What I heard was, when you apply for an extension, the stay after I-94 expiration date is approved by US Attorney general for certain number of days. We didn't pursue that option since we thought that it could jeopardize her subsequent trip.



     
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