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  • linuxra
    09-28 07:54 PM
    Before i present my RFE I will explaing My GC:
    I did masters and worked on OPT for sometime with Company A and they applied H1B,
    still working for Company A as H1B as Senoir Programmer ANalyst.
    At one point CompanyB filed GC process and I-140 approved as a IT Manager in EB2
    PD=jan 2006
    Still working with H1B from COmpany A
    I never worked for Company B and it no longer exists...
    Company A recently merged with ANother Company X
    I recently got an RFE How do i respond PLease help me:
    Below are the details



    Please submit a properly completcd Form G-325A, Biographic Information Sheet, for yourself. Your original
    signature is required on the Form G-325A. Photocopied signatures are not acceptable. Blank immigration forms
    and information are available online from the official Service website: USCIS Home Page (http://www.uscis.gov). You may also ordcr
    immigration forms by phone at 1-800-870-3676.


    Submit documentary evidencc to establish your employmcnt history listcd on Form G-325A. Such evidence
    should include, but is not limited to:

    Clear copies ofIRS Form W -2 wage and tax statcmcnts;
    Pay vouchers;

    Complete copies of properly filcd Federal Individual Income Tax Returns (IRS Form 1040);

    Any additional documentation which confirms your employment history.
    You must submit a currcntly dated letter from your intended permanent employer dcseribing your present job
    duties and position in the organization, your proffered position, if different from your current position, the date
    you began employment and the offered salary or wage. This letter must be in the original and signed by an
    executive or officer of the organization who is authorized to make or confirm an offer of permanent
    employment. The letter must also indicate whether the terms and conditions of your employment-based visa
    petition or labor certification continue to exist.
    If you have changed employers since filing your application for adjustment of status, please submit a statement
    which lists the names and locations of all employers you have had in the US and the beginning and end dates of
    each position unless these have been included on Form G-325A.
    Nebraska





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  • thakkarbhav
    11-17 12:31 PM
    I believe that from I 485 stage both cases (Primary applicant and dependant) are different. Primay applicant can be on H1-B or EAD for work purpose but the immigration status will be AOS.

    Same is true for dependant candidate. They will be on AOS even if they have approved H4 or EAD.

    If primary candidate wants to maintain H1-B status then it is ok. No need for dependant to follow and maintain H4 status. They can work on EAD and contiue their AOS application.





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  • LostInGCProcess
    11-05 04:39 PM
    In my understanding if she uses AP in the reentry, her status would change to AOS (Adj of Status) and can stay until the 485 is adjudicated. But if 485 is rejected she would be out of status immediately. We have been told (by my filing attorney) that if she gets a H1 visa this she wouldn't be out of status in case of 485 rejection - she can continue to stay & work on H1.
    Is the above correct ? And if 485 gets rejected while on H1 would she be out of status immediately ?

    The above statement is correct. If i485 is denied while you are on H1, you won't be out-of-status. You are still on H1 status. H1 status and AOS status are two different categories. And you cannot be on both the status simultaneously.

    - I heard that the 485 rejection mentions an 'order' to leave the country within x number of days - I was wondering what the implications are if she is on H1 status (having reentered on valid H1 visa earlier) - Does her status still hold good and continue stay and work on H1 ?
    As I told earlier, if you maintain H1 status, you continue to be on H1 status, regardless of the denial of I-485.

    - Also at the time of applying for H1 visa what kind of information can be or cannot be shared at the Visa Interview ? just to make sure that the H1 visa doesn't get rejected due to her pending 485
    H1b category is "Dual intent" meaning an H1B holder can have legal immigration intent (apply for and obtain the green card) while still a holder of the visa. Also, you must not withhold any information from the visa application, which could potentially lead to denial of the visa.





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  • sathweb
    02-13 09:10 AM
    Our priority date is not yet current but that seem like a good idea. How do I go about finding who to contact.

    The tool you are looking for is Google. Just search for your local Senator and give him a call, they will tell you what they need. As you said, Senator is very effective if your date is current.



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  • EndlessWait
    04-12 07:12 PM
    Considering, if lobbying with $ is how things work here and it will help the govt. to fund the war, I've a great idea.

    Tell the lawmakers, we legal H1b highly skilled workers are willing to shell out $10K-$20K, if they can have a provision after I-140 to let us get I-485 Premium Processing. This fee, lets call it Premium processing GC fee, can help government in all the good ways.

    Paying this premium processing is giving government funds to support various things namely balance budget, fund the troops in war.

    IV should consider this seriously and debate.

    Say what???
    :-)





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  • FinalGC
    03-19 02:26 PM
    Here are things that you can do to protect your ID. My id was stolen about 7-8 years back and ever since I have been extremely careful

    - Call all three agencies(Equifax, Transunion and Experion) and put a HOLD on all new accounts being opened in your name. Say your information was lost in mail and you think there is a possibility of ID theft. You can also put a freeze for your account, with the option to open based on calling your cell phone or home phone
    - If you have Citibank Master Card, they offer ID protection program for 1 agency for $6.95 per month...there are other Credit card and banks that offer for $12/month for all three agencies. In my opinion 1 agency update is good enough
    -Call the police and register a case, as soon as you find somebody has stolen your id
    - have alerts in your bank account to show deduction or auto withdrawals of more than $500
    - Shred all personal and financial documents that state SSN, DOB, and any other personal details
    - Beware of a Id security protection agency scams from companies that show SSN can never be stolen. The CEO who adverstised that this is my SSN and you cannot steal it...his own id was stolen later
    - get rid of all cards that you do not use. if there were credit card details in the package, call credit card company and ask them to re-issue new cards with new numbers


    You can use all or some as you find comfortable



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  • kk_kk
    05-12 02:10 PM
    I have travelled via Frankfurt recently and you don't need a transit visa if

    while going from USA to India

    1. if your final destination is India and you hold Indian Passport

    while coming from India to USA

    2. AP is just fine.





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  • nmdial
    03-12 07:19 AM
    As far as I know, one is only required to file taxes on foreign accounts if they have $10000 or more in their accounts at any time during the financial year. Please correct me if I am wrong. Also, check: Report of Foreign Bank and Financial Accounts (FBAR) (http://www.irs.gov/businesses/small/article/0,,id=148849,00.html)



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  • vdesai_8
    03-18 11:52 AM
    If your wife is on H4 she has no income hence she qualifies for free medicaid insurance. provided you fill out the forms the right way.

    And there is a seperate Health insurance sponsored by government for kids below 18 years. based on your wife's Medicaid, your child can qualify for that insurance in your state.

    You might need to buy insurance for you.





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  • roseball
    04-24 08:56 AM
    Since your I-94s are already expired, I would advise to talk to your attorney asap and follow his advise....Do not rely on a forum to get suggestions on a time sensitive situation...



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  • chakjobs
    12-23 11:27 PM
    Hi Nair/Perm,

    I am not a returning US resident.

    One of the companies sponsored my H1B and I am trying to get the visa stamped in India.

    I got the wage report from the company but not the "Unemployment" wage report, so I am confused.

    Any help about the document would be greatly appreciated.

    Thanks a lot for all your help.

    Have a nice time!

    Thanks & Regards,
    Chak





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  • stucklabor
    03-11 11:01 AM
    Akela,

    I am not sure if line 14 of the ETA carries much significance. You can always submit your qualifications during I140.

    Can you get a copy of ETA 750 Form A? That will tell you if the job requirements were filed under EB2 or Eb3.


    Guys,
    Please answer me the following question?

    I have a masters from US and over 2 years of exp when I joined my company. They filed for my LC. There is nothing in form 750 B ETA that says if I am EB-2 or EB-3. In fact the line line 14 is blank which says list documents that support education, training, experience..etc. to be submitted during I-140. I suspect though on ETA 750 form A they made the advertisement as if I am eb-2. So the question is I do not see anything on line 14 of ETA form B. Is that a big blunder.
    Did my lawyer blunder or I am ok?
    My labor is not cleared yet. So no way to check I-140.

    I know few things
    ETA 750 FORM A probably filed as EB-2 (I have to believe my lawyer, they say I have been filed as EB-2 on repeated request).
    ETA 750 form B of which I have a copy of (it was the one that I had to fill), line 14 says Item 14. Documentation. List any documents submitted with this form as evidence of the alien's qualifications. These may include statements from past employers, diplomas, and educational or training certificates. now this column is blank. Is that a problem? Did my lawyer made a big unrectified mistake.

    Thanks,
    akela

    Thanks in advance,
    Akela
    Did my lawyer blunder or I am ok?

    Thanks in advance,
    Akela



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  • vactorboy29
    10-10 10:27 AM
    Thanks for info.





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  • eb3retro
    02-27 03:03 PM
    I just got my I-140 approval and my priority date is 02/2008. I fall in the "All Charge-ability Areas Except Those Listed" EB3 and the March bulletin PD is 01MAY05. My lawyer is telling me I cant apply yet and since I am 2 semesters away from completing my Master's I should finish the course and just apply in the EB2 class. I dont have the funds to apply for this whole damn thing all over again. Can someone please help!? I've honestly turned suicidal dealing with this BS..

    and for god sake, please update your profile.



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  • singhsa3
    10-28 08:59 PM
    To all the folks that attended the conference at YMCA Center in Woodbridge, NJ on Oct 28th,

    Thanks for participating . Please provide your feedback on the meeting i.e What you liked and what you didn't like. This will help us for the future meetings.

    Also please become more active and urge you friends and colleagues to become more active in NJ state chapter.

    Any suggestion on promoting our cause will be greatly appreciated:
    Some of the areas to think about are:
    a) How often we should hold such conferences?
    b) What other topics we should include. ( For example Financial planning for the community, given the uncertainity in the process)?
    c) In what way we together can help increase our number?
    d) etc...etc...





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  • laksmi
    12-06 10:54 AM
    Increasing H1B quota may not be the good choice, US Economy needs stability in immigration, immigrants should be issue with GreenCards for pending AOS and thereby people can invest to buy house and stay in this country.



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  • rameshk75
    02-12 03:38 PM
    I think you are not Out of Status as your H1 renewal is pending. You can wait for your exyension...





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  • GCard_Dream
    06-11 06:23 PM
    Come on guys. Just let it go. He/she already admitted that it was a mistake. What do you guys propose we do.. hang him? Just give the poor guy a break.

    If someone can, please close this thread because we are discussing the same topic in 2 different thread.





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  • clockwork
    07-18 05:03 PM
    Enjoy! :) Only 5 files max allowed. Please follow up the next post.





    Singer
    10-22 01:12 PM
    I am a vocalist based in the US for the last 13 years. I have performed around the world at World music festivals, television shows, radios, various clubs, private events, for stars like P... S.... and D.... B.... and for organizations such as UN, UNESCO, UNDP, NDI, Schomburg Center, etc.I have always been legal and on several P1/O1 artist visas), I have applied on December 2006 for a EB1-EA green card

    On June 10th 2007 I have received a RFE from the Nebraska Service Center, and I had to submit additional stuff proving I am really a singer with an international carreer. (I won an award by the way)before August 15th 2007. On August 3rd 2007 I went myself to the FedEx office and sent a priority 8.0lbs package to the Nebraska Service Center. It was delivered on August 6th signed by Mr. Brad B... at the Nebraska Center.

    When I called they said my case was pending, same thing on the USCIS website where I create a portfolio. It is until April 2009 that thanks to congressional and senatorial help that we found out that my I-140 and I-485 had been denied, closed archived since end of August 2007! They said that my response to the RFE was received by them in October!

    We argued that I never received the denial notice, neither my attorney received. My congressional liaison faxed them the ax receipt, then the congressional liaison there said: "O my God!" We were hoping that at this stage they would simply reopen the case and look at my 8 pounder RFE response! Nebraska Service Center decided that i will have to file an appeal.

    In April 2008 I filled and appeal with Administrative Appeals Office in DC in 2008 (more money into thei pockets) to demonstrate that both my I-140 and I-485 were denied in error, (they had lost my application) the case was returned to Nebraska for them to reconsider.

    The AAO decision granted me all that was in their power to give.

    1. The appeal was rejected because it was untimely filed -- By statute (law) they cannot consider an untimely appeal regardless of circumstances however.

    2. They state that if "an utimely appeal meets the requirements of a motion to reopen or a motion to reconsider, the appeal "MUST" be treated as a motion and a decision "MUST" be made on the merits of the case. -- This is exactly what I asked for.

    3. They state that a motion to reconsider must establish that the decision was incorrect based on the evidence of record at the time of the initial decision. Again this is exactly what I claimed.

    4. They catagoricaly state in paragraph 2 on page 3 -- Here, the untimely appeal "MEETS" the requirements of a motion to reopen and reconsider. They also positively state that you "SUCCESSFULLY" argue that the October 10, 2007 decision was "FLAWED" and they point to 2 specific reasons -- that yur attorney of record was not properly notified and that your response to the RFE was not considered.

    5. In paragraph 5 on page 3 they conclude that the October 10, 2007 decision was "CLEARLY IN ERROR" and that the decision "DID NOT COMPLY WITH THE REGULATORY REQUIREMENTS".

    6. Finally, in the last pragraph on page 3 and the 1st paragraph of page 4 they state "therefore, the director "MUST" consider the untimely appeal as a motion to reopen and reconsider and render a "NEW" decision acccordingly"

    7. They also state that the "NEW" decision "MUST" thoroughly address all of the evidence submitted in your response to the RFE.

    So the AAO�s office sent back my file to the Nebraska Service Center.
    Then the I-140 was reopened and I finally approved May 20th 2009. At that time the rest should be like �a letter in the mail�. That is when I demanded that my I-485 be reopened as well.
    They responded to my congressional liaison telling him that they will reopen the I-485 and tat the green cards were being prepared and would be sent to us in less then 60 days. Stating: This has been going on for too long�

    That is when the �saga� took another turn. On August 14th 09 I received another RFE on the I-485! I was told by one lawyer that it was not so bad (they just needed to update my records since 2006 is the date of my first GC filling), But this RFE did not make sense because once the I-140 is approved they should not ask me to supply any documents work related. They wanted me to prove that I will continue to work in my field, what I have been doing for the last 2 years since they have denied my case and what will be my upcoming work offers.

    Remember that in May 2009 they have said that the green cards would be sent�
    We responded again with a 5 pounder file! We mailed it September 1rst 2009. I provided them with the same documents I sent in the 8 pounder they have lost in 2006, plus everything I have done since. Including all the performances with P. S., D. B. and letters from future contractors such as The United Nations, Schomburg, my booking agents letters, etc...)

    October 19th 2009 we received an email from USCIS saying that a decision has been taken and that my husband�s I-485 has been denied!
    Another ridiculous thing.
    1-I am the petitioner, not my husband.
    2-They should adjudicate my case first, not my husband�s!
    3-my case is still pending no decision made on it�

    At this time, we are awaiting the full denial explanation letter, to see what is the reason for their decision. Hoping that they just made another mistake for example dissociated my husband I-485 from mine the petitioner.

    I am currently (Thank God) on an 01-visa valid until 2011, my husband has a -O3-visa

    Because of this terrible saga, we have endured a tremendous stress, and anxiety. We have lost a lot of money. Between the lawyers fees, the various application fees plus the appeal we have spent more than $20,000. I have decided not to file another appeal because this is more money into their pockets. I am ready to sue the USICS with a writ of mandamus and more if they do not fix the multiple mistakes they have made.

    Please somebody in this forum answers me. What should I do? Please help!

    Thank you.

    Singer





    inder123
    11-05 05:38 PM
    Any one with july 3rd recvd date at NEBRASKA recvd AP?

    Mine is July 2nd received date at Nebraska. I got my A/P just today. My attorney had no info about it. I got it directly.