Thursday, June 23, 2011

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  • ajay
    06-05 08:19 PM
    Generally how many days it takes to get the actual RFE in hand.

    I saw status update on May 20th and yet to get the copy in hand.

    Me or my lawyer have not received it yet.

    What are the next steps if we don't get it soon.
    Waiting for the RFE for all 3 of us,wife,me and son. Called up USCIS and they said that it is sent to Lawyer's office. Would they send it to my home address also?

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  • rajenk
    01-16 09:00 PM
    Thanks Raj for your reply.

    - Can I file (EB2) I-140 amendment and ask USCIS for transferring EB3 PD to EB2 by providing EB3 I-140 receipt?

    - Can I file my 485 with pending answer on I-140 amendment?

    1. Yes you can certainly do that too.

    2. If your PD would be current by the EB2 PD port, yes you can file I-485 along with the amendment request.

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  • orion
    11-07 05:01 PM
    Yes i had also applied OCI for my child about 6 months back and was denied since we parents hold indian citizenship. Does anybody know that registering every 6 months is a must ? Some of my friends have permanentely gone back to India i am not sure what they are doing though since there kids hold US Citizenship. Any infomation on this will be helpful.

    - A child under age 16 (with any visa, including PIO) don't need to register with FRRO. But many Indian immigration officials conveniently forget this and harass you. So you better take a print out from official Indian Government website.
    - PIO card holder needs to register with FRRO when the stay exceeds 6 months for the first time and that registration is valid until PIO expires. PIO is valid for 15 years, so you will register once in 15 years at the most.

    Google for references. If you don't find it, I will look up and post it.

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  • no-tec
    10-20 05:55 PM

    tthan restart. woo.


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  • ramaonline
    06-22 02:27 AM
    according to the current regulations
    h1b is a dual intent visa - u can continue to hold h1 status even if 485 has been filed and pending
    u can also file for ead and keep both h1b and EAD statuses at the same time. working on ead will not make h1 invalid.
    pl confirm with ur company attny

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  • vxg
    07-17 11:04 AM
    It is a hit or miss so have to keep trying i generally do not call them often but last month just had a hunch and got lucky. The steps are copied here from another thread.

    Call 1-800-375-5283
    Press 1 to select English
    Press 2 to skip introduction
    Press 2
    Press 6 to find case status information
    Press 1
    Now enter your receipt number SRCxxxxxxxxxx
    Voice asks if SRC press 1
    Then reads out application number, if correct, press 1 (now listen to the case update info..blah blah)
    Part way through the blah blah press 3
    Wait a moment and press 4
    (now if you hear a male voice telling you that no IO is available, it will redirect it to National Customer Service Center (NCSC) you can cut the phone.. and try the same steps)
    You should hear "You have reached the TSC of USCIS�" OTHERWISE you have been bounced to NCSC. NCSC only sees what you see when you login to check case status at i.e. you will not get any useful information out of them.
    VXG, I need your help - everytime I call TSC (I have done it twice) IO refers me to some 800 number. What did you do to get them to talk to you?


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  • mohitb272
    03-19 03:05 PM
    There are several instances when a denial notice was sent, but the website continued to show the status as pending.

    So if a denial letter has been received, then the website status means nothing.

    Who would get the denial notice? The company or the attorney?
    My friend tells me that his company no longer hires that attorney so would it mean that my friend would never actually receive the denial letter.

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  • chantu
    08-21 06:17 PM
    Of course you can work. Sometimes I worked extra 10 hrs/week and max I did was 20hrs/week. It is good to have more money than your LCA amount.

    Is it legal to work overtime when you are on H1B? I have been working more than 40 hours a week ever since I got my H1B (about 5 hours overtime per week on average). They pay me time and half for the hours over 40.

    The reason I ask is that I need to send a couple of paystubs as my parents are travelling to the US soon and I do not want the guy at the port of entry make a bid deal of my overtime hours (if he looks at it and finds out, which I doubt).

    The person that stamps your passport and I-94 at the port of entry, is he an immigration officer or who is he? I am writing a letter for my parents to carry with them to show that person if asked for it and not sure who to address the letter. Thanks.


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  • ascetic
    04-30 11:49 AM
    Just ask your parents to talk to a lawyer in India. Obtain two separate notarized affidavits from each parent. Hope you have the format. Give it your lawyer and tell him/her that they are the sworn affidavits. Be sure to mention in the affidavits that since there was no requirement of a birth certificate 'for my son/daughter' we never obtained one from the authorities earlier. Hence the new extract just for the purpose of filing immigration petition.

    I think your lawyer is just complicating the situation - ?inexperience / jitteriness? When I had to get my BC I had to make my dad travel places on 12 hour trips. It is sad that we have make them run around in their old age. Plus the USCIS is stupid not to accept the date of birth as in the passport. Life is not easy when there are whole lot of dumba&&es around us. Just my opinion.

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  • dagu1234
    06-08 03:02 AM
    did you provide social security number? temporary license can be issued only if you do not provide social security number.


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  • morchu
    06-01 04:54 PM
    1. Indian passport holders are exempt from the 6-month rule. Link.... I will search when I get time and post.
    2. Regarding intention of permanent residence, see "greg siskind" s explanation on a similar topic (after GC) here:
    Greg mentioned that....
    "There are no black and white tests for what will be deemed to be an abandonmnet of permanent residency. Rather, USCIS will look at a variety of factors to determine a person's intent. Financial ties to the US, maintain a US employer, maintaining a residence in the US, keeping a car registered in the US, family remaining behind, etc. can all be evidence."

    Hi Morchu,

    I searched with 'six-month rule', but couldn't come up with anything specific to this. Can you please post me the link? And I have an Indian Passport.

    Ok, so how can one prove his intention at the POE for GC?

    ....would appreciate your reply.

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  • ss1026
    06-06 10:50 AM
    Are these all the ppl who voted out of 10k members
    /\ /\


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  • gc_buddy
    12-03 02:44 PM
    I agree. We should continue our efforrts with IV, PD_recapturing, ItsNotFunny, NK2006 and Chanduv

    I agree on this. In the past , murthy lawyers have also claimed to have successfull MTR cases but that hardly created any awareness among USCIS about the AC21 law that they are not supposed to directly deny AOS if underlying I-140 gets revoked. Although we hope its good news but I doubt that this is going to make any difference to any future AOS applications whose I-140 get denied.

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  • ganguteli
    03-22 01:13 AM
    Your experience in current job may not add up as experience.

    But do not go by that. What is the requirement of the job for which labor will be filed?


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  • werc
    03-26 04:29 PM
    Its my understanding that you are not subject to the H1 B cap if you had a H1B in the last 6 years. This is as per the AC21 provisions.

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  • willigetgc?
    12-03 09:29 AM
    Is there anything that can be done to fix this? write or talk to someone in uscis or ombudsman's office?


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  • isthereawayout
    02-22 11:30 AM
    I am trying to port from EB3-EB2 from the same employer.

    Prior to joining the employer, I had MS+2 years of experience. However, the lawyer applied in EB3. The job description read:

    Required: BS+3
    MS+1 also accepted
    Experience in technologies A,B,C,D

    I applied based on my MS+1 experience. Now the same company has another position with a very similar job description with a different title.

    Experience in technologies A,B,C,D

    Q1. Would this qualify for a EB2 position? Do I have to worry about the job descriptions being almost similar
    Q2. The titles are different. But the EB2 position doesn't have "Senior" in the position title. Is there a need to worry?

    Any replies are really appreciated.

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  • walking_dude
    09-25 01:27 PM
    And while you guys are at it, a clearly visible ( in bold or red) message at the top of every messageboard/forum can improve the situation making it clear in legal terms.

    Something like "The opinions expressed by the members are their own personal views. IV neither endorses nor rejects any views expressed by it's members. IV is not responsible for the views expressed by it's members " [ or something to that effect in "legalese"]

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  • mundada
    09-05 04:54 PM
    no you do not have to wait.

    06-28 01:01 PM
    Some relief for both legal immigrants and opponents of the bill.

    06-04 04:02 PM
    I got my 7th yr extension in just over 4 months... so you never know.. :rolleyes:

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