Friday, June 10, 2011

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  • gcseeker28
    07-28 03:54 PM
    So, I was talking to one of the attorneys and he mentioned that one should contest the denial within 30 days and as long as it is approved, we don't have any problem. But, if the MTR is rejected, then all the days that have been accumulated after the denial will be in illegal status.
    What is the probability of cases of MTR getting approved after the relevant documents have been published?
    For the client letter denial reason, did anybody furnish further documents?
    Appreciate your inputs





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  • smuggymba
    07-28 01:14 PM
    Came to US in 2004. But never was after GC. Applied in Feb 2008 EB2. So does not look like will get my GC in next couple of years.

    'cooler' has well said that value of GC has changed as life has progressed. Now thinking of going back as parents getting older. Plus daughter has US citizenship. If she wants to come back here, that is her privilege.

    Completing 40 SS credits next year. So can return after that. Bought home in 2006 at the peak of the buble so getting out of the house is probably the only hurdle left.

    40SS credits won't get you SS after retirement if you're not a US Citizen then. Just so you know. India does not have a SS act with US and vice versa.





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  • s.m.srinivas
    03-31 10:42 PM
    Company A in my case has not revoked my H1B, it's still in valid status. I had been to India too & I came back with same VISA on MARCH 12 2009. I have mentioned in the post also.
    "snathan", can you tell me what are the options for me now in this situation?





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  • saileshdude
    07-16 10:30 AM
    Guys,

    I was laid off few weeks ago and my I-485 is pending for over 180 days. I have a potential offer from a company and I was planning to port my I-140 using AC21. My GC sponsoring employer had listed the position requiring Masters degree and my I-140 says EB2 as someone mentioned in the previous post.

    The new offer that I am getting may not require Masters degree but it may require BS+6 years of experience. Will this be considered EB2 port ? I am not sure about this because this position requires BS +5 , which can also be considered as Eb2. As I am on timeline (my dates will be current as per Aug bulletin) I want to have job offer in hand so I cannot be picky about the position requirement at this time.



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  • needhelp!
    02-13 10:55 PM
    Thanks to all who responded.





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  • punjabi
    07-18 06:59 PM
    You should get RFE based on the missing employment letter. Rejections are related to more inappropriate cases. I know one case, the guy did not send his passport copies and he got an RFE.

    Hope this helps ease the tension!


    Hi Gurus,
    I filed my 485 application on July 2nd. But my employer/lawyer did not attach the employment verification letter in the package. Is USCIS going to reject my application because of that or they will send an RFE. Please advise..



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  • number30
    03-28 12:29 AM
    I was on bench for 4 months in 2001. I have 2 times H1 transfer after that and visited India couple of times. I have regular pay stubs from 2002 onwards.

    Can this create an issue while IO is working on my 485 application?

    They usually check tax returns last three years. Some time go up to five year. 2001 just forget it.





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  • rajnag21
    07-20 07:28 PM
    Hi All,
    Is having paystubs absolutely essential or will w2's suffice ?



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  • lazycis
    02-13 01:02 PM
    "Amnesty to LEGAL immigrants!"





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  • unseenguy
    06-22 07:33 PM
    ...and the boss goes back and continues eating samosas :)

    Pls replace samosas with burger and french fries. Boss in Nebraska may not like samosas or may find it too hot to handle resulting in additional 2-3 sick days.



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  • javadeveloper
    07-26 04:51 PM
    If I am not wrong your EAD/AP will not be processed until after your I140 is approved.Maybe some one comment on this

    You can get EAD even if your I-140 is pending.Correct me if I am wrong.





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  • atumalla
    09-26 04:33 PM
    Could you post your case details ? I called USCIS they say you have to wait 90 days. How did you get past that ?



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  • solaris27
    03-31 08:52 AM
    Congratulations





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  • synergy
    08-15 11:03 AM
    Does it apply for people who used AC-21?Do they need to go back to their filing employer after getting green card?


    It is mandatory by law. Both side have to have a bona fide intention (for company - to hire, for employee - to work for) for EB GC. Employer proves its intent by filing I-140. Employee proves his/her intent by joining the employer. Each situation is unique, but in OP's situation, there is no bona fide intent to work for company Y. Therefore, it will be a fradulent GC which can be revoked. How OP is going to prove that he was going to join Y after GC is approved? AC21 allows for porting, but porting to company X will look fishy as well. If OP can get a letter from Y that position is no longer available, it may help. This being said, there is a possibility to get a GC without any issues.



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  • shahuja
    02-07 01:29 PM
    Try calling the DOS and explaining then what's going on and see who you can call to check the status next.

    The lawyers email is text book response and may not help you much.

    If the consulate didn't give you any slip during your interview then most likely it is PIMS related. Call up DOS!

    i called DOS again and they say its in the final processing stage at the embassy..check with embassy..and embassy said waiting for information from DOS..i just hope VO doesnt send it back to DOS for more processing again...
    how did your wife's PP go ?? any news from embassyy..





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  • sys_manus
    04-07 01:58 PM
    What makes you think skilled computer "operators" come only from reputed US universities???

    The problem is most of the visas are taken by indian bodyshops such as infosys, TCS, LT to bring underskilled computer operators to the US. Intel, MS and other good companies that hire from reputed US universities have hard time getting the visas due to the cap. The cap should work the other way round. 20K for bodyshops and 65K for people from US universities.



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  • raj2007
    03-31 02:38 PM
    Can we file taxes seperately on married status?

    I mean, my CPA did estimates seperately and we found substantial difference...

    Is there any problem in we filing seperately as we r into 485 peding stuff?...
    From an Immigration perspective, what are the ramifications when 'Married and filing Jointly' versus 'Married and filing seperately'.

    First of all, are they related?

    Are you maintaing common bank account? Just filing seperatlt doen't disqualify you for immigration purposes.





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  • satya1234
    03-27 05:35 PM
    Thanks for the reply.
    Looks like i would have mis communicated. I am sorry for that.

    I94 rejected which is applied by my New Employer NOT the one which is applied by current employer (applied for extension) . So whatt i was told is "I can stay and work with my old employer for 240 days " . So currently am working on my current employer extension .

    Still it is not legal to stay here..??





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  • s416504
    11-16 01:30 PM
    After entering US on AP you need to inform you employer. Your status after entering on AP makes you a Parolee ??????????

    Inform verbally/New I9 Form? I haven't done this in past. I did used AP 2-3 times in past & haven't informed employer. What employer is going to do if we inform that we are on parolee status? Any USCIS law tells this to do?

    Can any lawyer comment on this situation?


    If you enter US using your AP even for the same employer you will no longer have your H1B status valid, you an return back to H1B status only after a renewal. After entering US on AP you need to inform you employer. Your status after entering on AP makes you a Parolee.





    designserve
    02-06 05:19 PM
    Ask him to go to hell!!!

    Pls go on and join wherever you like and tell him this is a free country like India.Go to a lawyer and sue him if he talks any further...Not to worry,my friend.





    gcnoteasy
    11-23 11:34 PM
    You should write the job duties, salary , 40hrs.week and get it approved by the lawyer and then email to lawyer. Once lawyer approves you should send it to your friend in Canada and he should print I believe he can notarize in Canada and send it back to you or may be he can print in his company letter head. Thank you.



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