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  • chanduv23
    09-04 04:14 PM
    Remember, the NOID/RFE goes to your Attorney if you have submitted G-28 form. If not, it comes to you.

    Usually they send 2 copies - one to your home address and another to your Attorney. Always make sure your current address is on file with USCIS




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  • enggr
    10-02 10:20 AM
    you could try getting a letter from university that you had completed all the requirements for your degree in 2000 but your degree was formally awarded in 2002

    immi_seeker,
    That was a nice idea, but I won't get a letter from university saying that the degree requirements are completed in 2000. Also, the transcripts for one supplementary exam (in 2002) may speak against us. Do you think there's a chance? Please reply




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  • TO BE OR NO TO BE
    02-03 09:13 AM
    I have a question.

    I am EB3 with priority date Oct. 2006. My qualification from India is 3 years (B.Com) plus 1 year of M.com (I didn't complete the 2nd year) plus Intermediate ICWA and Chartered Accountancy. I got here in the USA in December 1999 on H1B and always maintained the status. I completed CPA in 2002 in the USA.

    I did some research to port to EB2 (based on Bachelors degree plus 5 years experience) but it seems that USCIS wants 4 years continuous degree to be considered for EB2.

    Is that true? Is there anyone in my situation who has done this porting successfully?

    Any help will be greatly appreciate.

    Thank you,




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  • hpandey
    06-02 03:16 PM
    you are right, but isnt that found only when you are travelling outside of the USA? If I am in USA till i get a gc and then add my wife, how will anyone know if she is out of status ?

    As people have said above as soon as you move from H1 to EAD your H1 would be no longer be valid and hence the corresponding H-4 status will no longer be valid and since you cannot file for AOS for your wife now , your wife will be out of status.

    This information will come up in future when you apply for I-485 for your wife.It does not matter if your wife is still in the US or not. She will be out of status if you lose your H1 status ( just like anyone who loses his H1 status the dependent also loses his status ).



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  • bigsky
    10-17 06:43 PM
    I received a letter from BEC and it says
    This Notice of Findings is the Department�s statement of its intent to deny the application.

    The following reasons were attached in the document:

    1. - The job opportunity has been and is clearly open to any qualified U.S worker.

    The case file indicates that telephone calls were placed made to U.S. applicants but the calls failed to reach the following applicants: A,B,C (name of the applicants)

    Although telephone calls were unsuccessfully places to the three U.S. applicants, no certified mailing or other attempts were made to contact the applicants. An employer must prove that its overall recruitment efforts were in good faith.


    The employer may rebut this finding by:
    Providing documentation that certified mail was sent to the four applicants which demonstrates the employer made the minimally acceptable effort to recruit U.S. applicants.


    2. The department of labor requires that when submitting an Application for Alien Employment Certification the case file must contain two sets of original ETA 750�s Parts A and B. your case file contains only one set of original ETA750�s. The other set of 750�s in the case file are photocopies. ETA 750�s with photocopied signatures are not acceptable for processing. In order to continue processing the Application for Alien Employment Certification you must send an additional set of original ETA 750�s.

    A copy of the Form ETA 750, parts A and B, have been returned in the event that any changes are necessary. The amended copies must be returned with your resubmission. Any amendments made to the ETA 750, Part A, must be initialed and dated by the employer: and any amendments made to the ETA 750, Part B, must be initialed by the alien, as appropriate.

    It is the employer�s responsibility to submit the rebuttal in a timely manner directly to the certifying officer.


    I got already my 7th year extension and it valid till Nov 2007. I spoke with my attorney and he seems to be positive, but he could only able to find two of the three candidates email correspondence.

    Please let me know if you have faced similar situation or any suggestions. What is the possibility of my case gets approved?




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  • nozerd
    01-18 12:54 PM
    Only Primary applicant needs to take it for sure. Even for US immigration you could be NIW candidate but your spouse may be illiterate still she will also get GC.



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  • ski_dude12
    04-12 11:39 AM
    I had got a similar enquiry from DOL couple of years back. They were explicit in asking about being paid while on bench. In my case I have had minimal bench time and hence answered accordingly. I am sure there must be other employees in my company (desi IT consulting) who are getting paid irregularly.

    I do not think it will effect your new H1B decision. Bottom line is do not lie. If you don't want to tell the truth, don't reply to them.




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  • needhelp!
    09-16 01:39 PM
    Same thing you used your Cingular minutes for :)
    This will be your second round of calls.

    Calls to ?



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  • newyorker123
    11-29 12:44 PM
    @sameer2730 :

    So when you made the mistake "Country Of Citizenship" on your EAD eFile, how did you get that corrected? Did you send in a "Request For Correction" along with your supporting documentation to USCIS? Did they send you an RFE or did they accept your docs and approved your EAD?
    Sent the request for correction with my supporting documents.

    -- I have done the same mistake, so can you please tell what exactly you did. I mean did you call the helpline and is there any format in which we need to "Request for correction".

    And once you sent the "Request for Correction", was it ok. Or is there any problem with the correction.

    Please help me with your advice. I am completely in dilemma as to what needs to done..

    Thanks in advance..
    Vinay



    Country of Citizenship field is right underneath the applicant's address field(s), so I did the same mistake. Next thing I called up USCIS and told about the mistake and they put note to correct the information on my record (it seems they cannot modify) and I got my EAD without any issue.




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  • yganreddy
    08-06 10:58 PM
    I read this in other forum and thought of sharing it

    ----------
    When I got home that night as my wife served dinner, I held her hand and said, I've got something to tell you. She sat down and ate quietly. Again I observed the hurt in her eyes.

    Suddenly I didn't know how to open my mouth. But I had to let her know what I was thinking. I want a divorce. I raised the topic calmly. She didn't seem to be annoyed by my words, instead she asked me softly, why? I avoided her question. This made her angry. She threw away the chopsticks and shouted at me, you are not a man!

    That night, we didn't talk to each other. She was weeping. I knew she wanted to find out what had happened to our marriage. But I could hardly give her a satisfactory answer; I had lost my heart to a lovely girl called Dew. I didn't love her anymore. I just pitied her!

    With a deep sense of guilt, I drafted a divorce agreement which stated that she could own our house, 30% shares of my company and the car. She glanced at it and then tore it into pieces. The woman who had spent ten years of her life with me had become a stranger. I felt sorry for her wasted time, resources and energy but I could not take back what I had said for I loved Dew so dearly.

    Finally she cried loudly in front of me, which was what I had expected to see. To me her cry was actually a kind of release. The idea of divorce which had obsessed me for several weeks seemed to be firmer and clearer now.

    The next day, I came back home very late and found her writing something at the table. I didn't have supper but went straight to sleep and fell asleep very fast because I was tired after an eventful day with Dew. When I woke up, she was still there at the table writing. I just did not care so I turned over and was asleep again.

    In the morning she presented her divorce conditions: she didn't want anything from me, but needed a month's notice before the divorce. She requested that in that one month we both struggle to live as normal a life as possible. Her reasons were simple: our son had his exams in a months time and she didn't want to disrupt him with our broken marriage.

    This was agreeable to me. But she had something more, she asked me to recall how I had carried her into out bridal room on our wedding day.. She requested that everyday for the month's duration I carry her out of our bedroom to the front door ever morning. I thought she was going crazy.

    Just to make our last days together bearable I accepted her odd request.

    I told Dew about my wife s divorce conditions. She laughed loudly and thought it was absurd. No matter what tricks she applies, she has to face the divorce, she said scornfully. My wife and I hadn't had any body contact since my divorce intention was explicitly expressed. So when I carried her out on the first day, we both appeared clumsy. Our son clapped behind us, daddy is holding mummy in his arms. His words brought me a sense of pain. From the bedroom to the sitting room, then to the door, I walked over ten meters with her in my arms. She closed her eyes and said softly; don't tell our son about the divorce. I nodded, feeling somewhat upset..

    I put her down outside the door. She went to wait for the bus to work. I drove alone to the office.

    On the second day, both of us acted much more easily. She leaned on my chest.. I could smell the fragrance of her blouse. I realized that I hadn't looked at this woman carefully for a long time. I realized she was not young any more. There were fine wrinkles on her face, her hair was graying! Our marriage had taken its toll on her. For a minute I wondered what I had done to her.

    On the fourth day, when I lifted her up, I felt a sense of intimacy returning. This was the woman who had given ten years of her life to me. On the fifth and sixth day, I realized that our sense of intimacy was growing again. I didn't tell Dew about this. It became easier to carry her as the month slipped by. Perhaps the everyday workout made me stronger.

    She was choosing what to wear one morning. She tried on quite a few dresses but could not find a suitable one. Then she sighed, all my dresses have grown bigger. I suddenly realized that she had grown so thin, that was the reason why I could carry her more easily. Suddenly it hit me; she had buried so much pain and bitterness in her heart.

    Subconsciously I reached out and touched her head. Our son came in at the moment and said, Dad, it's time to carry mum out. To him, seeing his father carrying his mother out had become an essential part of his life. My wife gestured to our son to come closer and hugged him tightly. I turned my face away because I was afraid I might change my mind at this last minute. I then held her in my arms, walking from the bedroom, through the sitting room, to the hallway. Her hand surrounded my neck softly and naturally. I held her body tightly; it was just like our wedding day.

    But her much lighter weight made me sad. On the last day, when I held her in my arms I could hardly move a step. Our son had gone to school. I held her tightly and said, I hadn't noticed that our life lacked intimacy. I drove to office... jumped out of the car swiftly without locking the door. I was afraid any delay would make me change my mind... I walked upstairs. Dew opened the door and I said to her, Sorry, Dew, I do not want the divorce anymore.

    She looked at me, astonished. Then touched my forehead. Do you have a fever? She said. I moved her hand off my head. Sorry, Dew, I said, I won't divorce. My marriage life was boring probably because she and I didn't value the details of our lives, not because we didn't love each other any more.. Now I realize that since I carried her into my home on our wedding day I am supposed to hold her until death does us apart.

    Dew seemed to suddenly wake up. She gave me a loud slap and then slammed the door and burst into tears. I walked downstairs and drove away. At the floral shop on the way, I ordered a bouquet of flowers for my wife. The salesgirl asked me what to write on the card. I smiled and wrote:
    'I'll carry you out every morning until death do us apart'

    The small details of our lives are what really matter in a relationship. It is not the mansion, the car, the property, the bank balance that matters. These create an environment conducive for happiness but cannot give happiness in themselves. So find time to be your spouse's friend and do those little things for each other that build intimacy. Do have a real happy marriage!

    If you don't share this, nothing will happen to you, but if you do, you just might save a marriage.

    Relationships are made not to exploit, not to be broken.
    We teach some by what we say
    We teach some more by what we do
    But we teach most by what we are

    ----------------

    You don't get to choose how you are going to die, or when, but, you can decide how you are going to live, here and now.hi,
    I came to US 5 years back in H4. My husband processed GC and 140 is cleared and 485 pending. I got my EAD and now working. My husband and I have problems and he is threatening to ruin my life.
    Can I know a few things
    1. Can he take me out of the GC ?
    2. Can he revoke my EAD ?
    3. Can my employee extend my EAD which is expiring in 2010 and continue my GC.
    please help...



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  • belmontboy
    04-10 06:56 PM
    There should be tighter provisions against multiple applications [via multiple employers]. it prone to abuse - as a way to increase chances of lottery [as it happened this yr].

    There is no real justification in multiple applications - though one might argue otherwise. In the end, the candidate has to work for only one employer.

    Interesting stats would be how many mulitple employers applications were filed per candidate, not sure if uscis publishes them!




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  • GotGC??
    06-21 09:22 AM
    Any idea what constitutes a "simple, str forward" case? At 485 stage, what are the things that could potentially make it a more complicated case?


    Although that the rule..I dont think USCIS actively follows it. The reason for that being the ombudsman report that states that the adjudicating officers pick low hanging fruit first (simple strforward cases) and that is reflected on where people have been getting their 485 approved within 90 days (which the ombudsman's report states is uscis's goal). right now the processing date is holding at 9 months. maybe to dissuade people from continously calling the NSC 1800 number.



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  • Marphad
    01-12 12:21 PM
    I concur with you, Marphad.
    Its illegal to mail passport cross border.

    My bad! You are right.




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  • Desi Unlucky
    07-27 08:51 PM
    I 140 and 485 filed concurrently.
    Let's say I 140 is approved after 200 (greater than 180) days, If employer revokes I 140 after 230 days (let's say he is pissed off that i left the company using Ac 21 portability)

    will it create any issue for my GC ?



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  • genius
    12-14 08:06 PM
    Unfortunately,kaplan doesnt issue I-20's anymore.
    Are you sure than ,while the H1B is being processed ,you can live here legally?
    Also what if I get use premium processing and get my H1B approved earlier,would I be able to start work before Oct 1st?

    My OPT expires in May 2007 and I have my Masters from here...

    Thanks in advance!!!




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  • nkd970
    10-06 09:56 PM
    Are there any new updates? My case was filed in Jun 07, responded to the query in NOV 07, and it is still pending?

    What the &*^% is going on? !!@$%ing DOL.

    :mad:

    Mine was filed by Fragomen in June and responded to audit in November as well. If your case was filed by Fragomen you have no option but the wait. Sorry to disappoint you, but I am in exactly the same situation.



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  • mrajatish
    05-14 06:43 PM
    Same here - keep the good job going




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  • waitingnwaiting
    01-19 04:02 PM
    I think this is indeed a great idea.... but it might be difficult to get this information. Let me start by giving one name...
    1) waitingwating
    Others pls add more if you know:D:D

    Not funny.
    If an EB3 is so good he will not apply in EB3. He will apply in EB1. I am asking about people who were EB3 but became big after getting Green Card.




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  • vin13
    09-30 10:24 AM
    my case is in NSC




    viper673
    06-07 12:37 PM
    Yes pending 485 at TSC.

    The IRS can't produce transcripts older than 3 years.

    There's a form you can fill out and pay $39/return and takes up to 60 days, but even on this one it says: "records older than 7 years may not be available as it's admissable by law that they be distroyed".




    milind70
    07-17 04:11 PM
    So do I actually have to be in the US to mail in the AOS forms (I-485s)? I've been a legal US resident for years on an H1-B, and have been fortunate to have never had out-of-status issues or anything like that. BUT, as it happens, I'm up in Canada on vacation at the moment, planning to return next week. I've never had to get a visa stamp or surrender I-94 or any of that stuf.

    Do I need to actually be back in the US before lawyer sends in AOS forms ? Or is it sufficient that I'm a resident and will be back in the US once the AOS is processed.

    - GS
    I think you need to be in US when the application reaches the USCIS office.
    Right now you can send the application to your lawyers office and ask him to check the application.Mail it to the USCIS when u r back in the country.
    Once you travel outside the US you dont have any status,u need to be in country to adjust your status from non immgrant to immgrant.



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