uslegals
11-04 12:31 PM
Can somebody please advice reg. this..Thanks!
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kirupa
10-27 06:42 PM
Added :)
You should see at least a few hour delay for this is a manual process haha.
You should see at least a few hour delay for this is a manual process haha.
engineer
04-02 02:19 AM
I am at AOS stage with approved I140, EAD and AP. My PD is Nov 2005 and I am in ROW.
I got following RFE.
My original birth certificate doesnot show the name of my mother as local laws in my country don't put mother's name on birth certificate.
My questions:
1. How should I answer RFE ?
2. Who should sign Affidavits ? My parents, grand parents , relatives etc ?
3. Can anyone send me format of Affidavit please
I will appreciate your help.
Thanks,
Sumbit the following evidence to verify the birth and parentage of [name]
A photocopy of a birth certificate issued by the Local Registrar if the person named above was born in a
city, or
A photocopy of a birth certificate issued by the Additional Disctrict Registrar's Office if the person
named above was born in a village.
If a birth certificate doesnot list the names of both mother and father, or the child, secondary evidence
must be submitted to establish parentage. Secondary evidence includes , but is not limited to , copies of:
medical recors, government-issued identity cards, religious records and/or affidavist from atleast two
persons alive at the time of birth. The oldest available evidence thats lists the names of both parents
should be submitted.
I got following RFE.
My original birth certificate doesnot show the name of my mother as local laws in my country don't put mother's name on birth certificate.
My questions:
1. How should I answer RFE ?
2. Who should sign Affidavits ? My parents, grand parents , relatives etc ?
3. Can anyone send me format of Affidavit please
I will appreciate your help.
Thanks,
Sumbit the following evidence to verify the birth and parentage of [name]
A photocopy of a birth certificate issued by the Local Registrar if the person named above was born in a
city, or
A photocopy of a birth certificate issued by the Additional Disctrict Registrar's Office if the person
named above was born in a village.
If a birth certificate doesnot list the names of both mother and father, or the child, secondary evidence
must be submitted to establish parentage. Secondary evidence includes , but is not limited to , copies of:
medical recors, government-issued identity cards, religious records and/or affidavist from atleast two
persons alive at the time of birth. The oldest available evidence thats lists the names of both parents
should be submitted.
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WillIWin?
01-04 09:16 AM
This is possible. The gist of the rule is:
Once a I140 has been approved, the PD belongs to the applicant. The only situation when this will not work is if the Labor OR I-140 have been obtained by fraud. This means that even if the company revokes the I-140, the PD stays with you (the applicant).
You will have to first get an I-140 approved with the older priority date (EB3). Once this is done, apply for the second I-140 (EB2) along with documents proving your earlier PD (EB3 labor+ I-140). If all the documents are in order, then the new EB2 I-140 will be approved with the older PD.
Since you are working for the same company, this will be relatively easy since they have all the paperwork. Getting the company to file two I-140s is another matter :)
Once a I140 has been approved, the PD belongs to the applicant. The only situation when this will not work is if the Labor OR I-140 have been obtained by fraud. This means that even if the company revokes the I-140, the PD stays with you (the applicant).
You will have to first get an I-140 approved with the older priority date (EB3). Once this is done, apply for the second I-140 (EB2) along with documents proving your earlier PD (EB3 labor+ I-140). If all the documents are in order, then the new EB2 I-140 will be approved with the older PD.
Since you are working for the same company, this will be relatively easy since they have all the paperwork. Getting the company to file two I-140s is another matter :)
more...
masouds
08-27 02:40 PM
What do you guys think about the movement in EB3 ROW cases starting from October 2008?
Does anyone has exact numbers on how many EB3 ROW cases can be approved in a given fiscal year?
140000 is the total worker -> immigrant visa numbers.
28.6% of which goes to EB3, which becomes 40040. That is for everyone: China, India and Rest of us.
Subtract the 14% of that number (that is the dedicated number for people born in China and India), it will become 34435. That is your theoretical number and includes applicants' wives and children. Now, unused EB1 and EB2 will come down to be used by EB3, so the number may be lower or higher.
Now there is something I do not understand: (from http://travel.state.gov/visa/frvi/bulletin/bulletin_4328.html, September visa bulletin,)
D. VISA AVAILABILITY FOR OCTOBER
The Mexico F2A and Employment Third preference cut-off dates are �unavailable� for both August and September, since those FY-2008 annual limits have been reached. The Visa Office had originally anticipated that this would be a temporary situation. Then with the start of the new fiscal year in October the cut-off dates would have returned to those which had applied during June. However, continued heavy demand in those categories may require the establishment of cut-off dates which are earlier than those which had applied in June. A formal decision determination of the October cut-off dates will not be possible until early September.
...
Under the INA Section 202(A), the per-country limit is fixed at 7% of the family and employment annual limits. For FY-2008 the per-country limit is 27,209. The dependent area annual limit is 2%, or 7,774.
Worldwide Family-sponsored preference limit: 226,000
Worldwide Employment-based preference limit: 162,704
Under the INA Section 202(A), the per-country limit is fixed at 7% of the family and employment annual limits. For FY-2008 the per-country limit is 27,209. The dependent area annual limit is 2%, or 7,774.
WTF?
Does anyone has exact numbers on how many EB3 ROW cases can be approved in a given fiscal year?
140000 is the total worker -> immigrant visa numbers.
28.6% of which goes to EB3, which becomes 40040. That is for everyone: China, India and Rest of us.
Subtract the 14% of that number (that is the dedicated number for people born in China and India), it will become 34435. That is your theoretical number and includes applicants' wives and children. Now, unused EB1 and EB2 will come down to be used by EB3, so the number may be lower or higher.
Now there is something I do not understand: (from http://travel.state.gov/visa/frvi/bulletin/bulletin_4328.html, September visa bulletin,)
D. VISA AVAILABILITY FOR OCTOBER
The Mexico F2A and Employment Third preference cut-off dates are �unavailable� for both August and September, since those FY-2008 annual limits have been reached. The Visa Office had originally anticipated that this would be a temporary situation. Then with the start of the new fiscal year in October the cut-off dates would have returned to those which had applied during June. However, continued heavy demand in those categories may require the establishment of cut-off dates which are earlier than those which had applied in June. A formal decision determination of the October cut-off dates will not be possible until early September.
...
Under the INA Section 202(A), the per-country limit is fixed at 7% of the family and employment annual limits. For FY-2008 the per-country limit is 27,209. The dependent area annual limit is 2%, or 7,774.
Worldwide Family-sponsored preference limit: 226,000
Worldwide Employment-based preference limit: 162,704
Under the INA Section 202(A), the per-country limit is fixed at 7% of the family and employment annual limits. For FY-2008 the per-country limit is 27,209. The dependent area annual limit is 2%, or 7,774.
WTF?
gcholder
02-21 01:03 AM
I totally agree with you...recently I moved to CA and it took me close to 2 months before I had 3 offers...I can see it can be frustating, distracting but keep +ve and it will be rewaded.
Recently I got laid off and I worried on how long it would take me to find a job, Here is my situation:-
* I have a green card
* Severance package I received is 7 months
* Skills - MS computer science, 6 years full time experience in financial industry. SQL server 2000, C# (mid level programmer), solid communication skills
* I live in New York, open to find a job in tri state area (or ideally would like to move to bay area)
* I have two kids, Wife is not working
* My salary expectations - 110k+
Any suggestions on how to get motivated ? Every where news is really bad and there are only few openings - what are best ways to explore the opening's ? please let me know your job search experience
Thanks
Recently I got laid off and I worried on how long it would take me to find a job, Here is my situation:-
* I have a green card
* Severance package I received is 7 months
* Skills - MS computer science, 6 years full time experience in financial industry. SQL server 2000, C# (mid level programmer), solid communication skills
* I live in New York, open to find a job in tri state area (or ideally would like to move to bay area)
* I have two kids, Wife is not working
* My salary expectations - 110k+
Any suggestions on how to get motivated ? Every where news is really bad and there are only few openings - what are best ways to explore the opening's ? please let me know your job search experience
Thanks
more...
ultimo
10-02 10:07 AM
it wont be a uscis mistake . who knows , too much application they are carreid away
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samcam
05-19 01:22 PM
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Prashanthi
02-05 10:13 PM
Hello Chandra, i am trying to figure out how this works, that is why the delay.
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eb3_nepa
04-07 05:28 PM
Here's another parallel Idea.
Let us try to schedule a meet with the prospective presidential Candidates (McCain, Clinton and Obama) instead to let them know our issues.
By the time we actually get a meeting with the current president, his term may have expired. The presidential candidates, on the other hand will have some time now (not a whole lot but a little). If we squeeze some time there, we may be able to atleast get our issues out there.
Let us try to schedule a meet with the prospective presidential Candidates (McCain, Clinton and Obama) instead to let them know our issues.
By the time we actually get a meeting with the current president, his term may have expired. The presidential candidates, on the other hand will have some time now (not a whole lot but a little). If we squeeze some time there, we may be able to atleast get our issues out there.
more...
grajesh2000
05-02 10:32 AM
Count me in
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nsync1979
06-18 02:22 PM
Hi,
I came to US in 2004, my H1 visa was sponsored by cognizant technology solutions. H1 was valid from Nov 04 to Dec 06. later on my I 94 was extended from Dec 06 to July 09 .
I changed company and joined wipro in Aug 08 and now my I 94 is now valid till July 2010.
I have never gone back to India for a visit ever since I landed in US (2004)..I now want to go to India for few months and have read that i'll have to get my visa stamped before reentering US...
My question is if i'll have any problems with visa stamping because I was originally working with cognizant and am now working with wipro?..Am I out of status since my original visa expired in 2006 ?...pls help
I came to US in 2004, my H1 visa was sponsored by cognizant technology solutions. H1 was valid from Nov 04 to Dec 06. later on my I 94 was extended from Dec 06 to July 09 .
I changed company and joined wipro in Aug 08 and now my I 94 is now valid till July 2010.
I have never gone back to India for a visit ever since I landed in US (2004)..I now want to go to India for few months and have read that i'll have to get my visa stamped before reentering US...
My question is if i'll have any problems with visa stamping because I was originally working with cognizant and am now working with wipro?..Am I out of status since my original visa expired in 2006 ?...pls help
more...
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njboy
01-18 12:33 PM
Last time there was a recession (2001/2002), INS denied a lot of employment based immigrant petitions because they asked companies why they could not hire American programmers who were laid off. This happened people I personally know from reputed companies such as Sun Microsystems. I don't mean to sound negative, but do you think this will happen again? After being in the queue for so many years, the possibility is real.
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delhirocks
07-14 10:14 AM
Surprised to see Korea in the top three...wonder what kind of employment professionals are coming from Korea.
What's that supposed to mean? Probably exactly the same kind of employment professionals that come from other countries! It's only the 12th largest economy in the world
To elaborate on that, S.Korea happens to be on the forefront of technological innovations. Highest per capita broadband use, highest per capita cellphone use...land of samsung and Hyundai
not to mention great food...korean bbq anyone
What's that supposed to mean? Probably exactly the same kind of employment professionals that come from other countries! It's only the 12th largest economy in the world
To elaborate on that, S.Korea happens to be on the forefront of technological innovations. Highest per capita broadband use, highest per capita cellphone use...land of samsung and Hyundai
not to mention great food...korean bbq anyone
more...
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vicks_don
11-07 02:48 PM
Inform the school that you have changed your status to H1 from F1 and need not take class. If needed provide them the H1 approval. Most people forget to inform school and the school will record sevis violation on you which will provide problems at stamping and port of entry.
This is based on my friends experience.
This is based on my friends experience.
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kaarmaa
05-04 11:48 AM
What happens, once he moves to the new employer and his present employer withdraws I-140? For any subsequent H1 transfers/extensions will he will need to have an approved I-140, which is not withdrawn ?
Could there be issues, if new employer does a lay off what happens when perm/i-140 is pending or not filled yet
Correct. Withdrawn I-140 cannot be used to transfer or extend a H1 that has expired (after 6 years).
The following statement may be incorrect. Please consult an attorney
You can again transfer to a new employer for the reminder of the H1 validity without I-140 or PERM. After it expires, to extend or transfer again, you would need an approved PERM or I-140.
Could there be issues, if new employer does a lay off what happens when perm/i-140 is pending or not filled yet
Correct. Withdrawn I-140 cannot be used to transfer or extend a H1 that has expired (after 6 years).
The following statement may be incorrect. Please consult an attorney
You can again transfer to a new employer for the reminder of the H1 validity without I-140 or PERM. After it expires, to extend or transfer again, you would need an approved PERM or I-140.
more...
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godspeed
10-27 01:38 PM
visit my blog, it has to-do's after GC.
enjoy
Hi All,
After 7 years of stay in the US and 3 green card applications later, I finally got the 485 approval e-mail.....aaahhha......I feel so relaxed now.
However I did not get any FP notice yet! Do you know if Biometrics is a requirement for issuing the physical green card and also any idea how long it takes to get the card from this point of time.
following is the current status in the online status of my 485:
Post Decision Activity
On October 26, 2010, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.
For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations.
enjoy
Hi All,
After 7 years of stay in the US and 3 green card applications later, I finally got the 485 approval e-mail.....aaahhha......I feel so relaxed now.
However I did not get any FP notice yet! Do you know if Biometrics is a requirement for issuing the physical green card and also any idea how long it takes to get the card from this point of time.
following is the current status in the online status of my 485:
Post Decision Activity
On October 26, 2010, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.
For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations.
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justAnotherFile
03-08 08:37 PM
Wow,
at first glance it seems 245(i) is kicking in real hard.
Look at EB-3 numbers for Mexico, Phillipines, Pakistan, South Korea, Guatemala, Brazil, Equador, Peru, Poland, El Salvador, Bolivia, Ecquador,
Compare this with H1-B data and you'll see what I mean.
Also EB-1 seems unusually high at ~37,000
EB-1 is even higher than EB-2
isn't that unusual?
at first glance it seems 245(i) is kicking in real hard.
Look at EB-3 numbers for Mexico, Phillipines, Pakistan, South Korea, Guatemala, Brazil, Equador, Peru, Poland, El Salvador, Bolivia, Ecquador,
Compare this with H1-B data and you'll see what I mean.
Also EB-1 seems unusually high at ~37,000
EB-1 is even higher than EB-2
isn't that unusual?
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Tshelar
08-24 08:57 AM
As far as I know INS cannot look into somebody's tax records without the individual's consent. I am not sure this is even a genuine post.
And of course IRS is happy take your taxes, they don't care about the immigration status.
And of course IRS is happy take your taxes, they don't care about the immigration status.
Ann Ruben
02-23 10:58 PM
There are basically three options in your wife's case: Do nothing, file MTR, or travel abroad to obtain visa. It is not possible to evaluate these options without knowing the basis for the denial. Knowing whether or not your wife has a pending AOS along with a valid AP is also essential for making any recommendation about how to proceed.
gckalafda
03-20 11:46 AM
RoseBall,, here is my query..Please answer
I got RFE on 140 asking
all my expereince letter proir to 2002 ( I came US in 1999) and By the time I worked with two companys.
Now I got one company exp letter and other one closed and I couldn't able to get the letter. as per sources and attorney advice I am submitting coleague affidavit.
and also they asked me all w2's where I worked only few months in 2004 and w2 amount is not that great.
I am still fearing how do USCIS take in to consideration when they finalise the case.
Do you think all these are substantiate my case , or they may come with another RFE or denial..
Please advise me what I want to do, I haven't submitt my case yet.
Thanks
I got RFE on 140 asking
all my expereince letter proir to 2002 ( I came US in 1999) and By the time I worked with two companys.
Now I got one company exp letter and other one closed and I couldn't able to get the letter. as per sources and attorney advice I am submitting coleague affidavit.
and also they asked me all w2's where I worked only few months in 2004 and w2 amount is not that great.
I am still fearing how do USCIS take in to consideration when they finalise the case.
Do you think all these are substantiate my case , or they may come with another RFE or denial..
Please advise me what I want to do, I haven't submitt my case yet.
Thanks
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