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kprgroup

12-06 12:24 PM

My wife traveled with AP & expired visa thru Frankfurt(Lufthansa) on 29th Nov '10. No transit visa asked

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chaukas

10-21 12:03 PM

We are in a similar situation . My wife had an EB3 approved I-140 with PD Apr 2004. She got her new EB2 I-140 approved with PD Dec 2006. I have opened a service request ... no update . Sent a letter to Ombudsman. No response yet. I am thinking of pursuing with the local senator.
The lawyer says that USCIS is treating these cases in the general I-140 queue and therefore may take about a yr to resolve.

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krishnam70

05-05 04:16 PM

I still don't have my GC(based on an Engineering position) but took up a managerial position within the same organization.. IMO, its a risk worth taking.. If I were you, I would take the new position, switch over to EAD and not apply for the H1B extension..

If USCIS issues an RFE asking for 'Continued Employment offer' or Evidence of Employment? or for that matter when he applies for an EAD/AP renewal he needs to support it with a letter of employment from the current employer.

If at any stage USCIS determines the candidate is actually working in a different category that which the LCA was applied for my interpretation is its ground for denial.

I will leave it to the experts to argue the merits or demerits of this
Good luck though
- cheers
kris

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austingc

08-17 02:32 PM

Hello,
My I-140 got denied based on my Education.

I have 3 yrs + PG Diploma which is equivalent to US Degree according to my education evaluation.

Experience:
- 6 yrs of OUTSIDE USA experience
- 5 yrs of USA experience including 2 yrs of experience with current company.
- I am working as FULL time with an American Company at present


The JOB Description for PERM was:

"Bachelor’s degree in Computer Science plus 5 years experience; 3 year Bachelor’s degree plus 2 year post-graduate diploma in Software Engineering and 5 years experience acceptable. "

Gurus, please help me providing some info, if there is any chance of getting it approved if I file a Motion.. or what should I do next?

Since it was denied on Aug 4th this month, I have 30 days to reopen this case..

Please advise me..

Thanks in advance..

Regds,
Raju
Raju,

This is not enough information to provide any advise. What is the reason USCIS provided in the denial letter. You only provided the PERM details and that does not help anyone.

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sapota

10-26 05:05 PM

In part 4 where it asks info about proposed travel; my form had the following :

"Business travel as needed; personal travel - visit family and friends abroad."

So something generic like this should work as well.

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LC2002

04-14 11:05 AM

it is nice to see people with older priority dates are getting approved. At least USCIS is working in proper order rather than in wild pattern

If USCIS would have been working in proper order, I should have got approval long ago as my PD had been current for more than a year. Anyway this is over can't complain. Good luck for all those waiting.

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nepaliboy

08-06 07:16 PM

i saw lud on i-140 in 7-13-08 and lud on i-485 on 7-22-08 but my PD is not current .
i am Row pd 2005 september.

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chandupatla

02-25 02:23 PM

Hi..I am in Rockville...Let me know what is ESSEX tell me the details.

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english_august

07-18 10:50 AM

Could someone from North Carolina please call Kristen Collins at 919-829-4881? She needs to get some reaction/quotes for the story on the new USCIS decision.

Please refer to this press release for talking points
http://www.prlog.org/10024482-skilled-workers-welcome-temporary-relief-by-us-immigration-agency.html

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gcdreamer05

11-14 03:03 PM

Hello guys,

I e-filed my EAD renewal in July 3rd, did my FP in August 1 and I still don't have my card.

I opened a Service Request last week since it's been way beyond the "regulatory" 90 days and I got a letter yesterday basically saying that "even though my case is serious, I didn't provide them with an extreme reason to expedite the issuing of the card". Then on a separate line they have: "pending security clearance".

What in the world is an "extreme" reason to get my EAD renewed?? And why is it pending a security clearance if It's already been more than 120 days and it's a "renewal" -not a new card!!

My original EAD expired in 8/10 (I never used it) and my H1B will expire in 1/21/2009.

Anyone got the same thing? What can I do here?

that is how ineffecient they are, best thing you can do is, site that your h1 will expire and u dont have plans of h1 renewal and u planning to use EAD, i dont know what else could be more extreme than not having an EAD when you want to use it :)

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EndlessWait

04-12 07:34 PM

I hate the fact, we let ourselves be discussed amongst the ILLEGAL immigration pool. We are not here illegally, there is no reason we should call this "GC for sale". We are helping the govt. by not just words but with our $$$.

We are here legally , paying taxes, paying rents etc. This fee is meant to speed up processing. No other terminology should be used at IV. Let anti-immigrants talk what they want.

Please remember, at any point there are always opposing forces at work. For those anti-immigrants I have no time or energy to ponder on there xenophobic reservations.

Lets not forget, America was and continues to prosper because of hardworking and honest immigrants..

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a_yaja

12-18 09:17 PM

Hi All,
I am currently working for a University in cap-exempt H1B (company A). I got a job offer from a cap-subjected company (company B). I am aware that the H1B which i have is non-transferable and i have to apply for new H1B petition to work for company.
Since the cap numbers are still available, applying for new petition is not a problem. I was in an idea of asking my new employer (company B) to apply for new H1B petition (premium processing) while working with Company A but i came to know the following from USCIS official document that i have to stop working for the current employer before submitting the company B H1B petition. I thought I can work for the cap-exempt company A until the company B H1B is approved. Have anyone experienced it? if so when should i stop working for my current cap-exempt employer?...can i work till the LCA is approved..?

Below is the paragraph from USCIS Memo
"If the H-1B alien beneficiary has not �ceased� to be employed in a cap-Exempt position, then he or she will not be counted towards the cap.
If the H-1B alien beneficiary has �ceased� to be employed in a cap-exempt position, then the alien will be subject to the H-1B numerical limitation, and the concurrent employment petition may not be approved unless a cap number is available to the alien beneficiary.

From what you have quoted, where does it say that you have to stop working before you can apply for cap subject H1B? All it says is:
1. if you apply for a new H1B that is also cap exempt position, then you will not be counted for the cap.
2. if you apply for a new H1B this is cap subject, that a cap subject petition cannot be approved unless a cap number is available.

Since the quota is not over yet over for cap subject H1B, you should be able to work with the University till your cap subject petition is approved.

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Ann Ruben

04-22 10:55 AM

You raise a number of issues for which there are no clear or certain answers. My advice would be to request the extension of H-1 status without submitting pay stubs, and in the event of an RFE, respond with evidence of your complaint about your previous employer. If your new employer needs you to start work within three weeks, premium processing would be required, and even then, if there is an RFE, the timing will be tight.

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desi3933

02-23 11:44 AM

Hey,

Thanks for the response.

One quick clarification:

a) COS from H4 to H1 B status, does'nt need me to go through the quota/lottery system etc. Am I right?, because I did hear this from some folks that I would *not* have to go through the quota since I originally had a H1 B visa with validity date. ?

b) In case of my finding an opening with new employer & shifting COS back to H1 from H4, what time frame would it take?

c) further addition to point b) what kinds of documents would I need to submit to INS for COS back to H1? any idea?

Again thanks guys! Have a great day...

Shivani :)

a) Your H1 will be exempt from quota.
b) Since you were on H1 status before, you can start working immediately after getting receipt for COS from H4 to H1.
c) Same as any H1 petition. Also, since this is COS, you must be in valid H4 status when COS to H1 is filed.

______________________
Not a legal advice.
US citizen of Indian origin

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royus77

09-02 06:29 PM

Please stop opening new threads which are not related to immigration

I got 2 red dots for this .....Crazy people

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bsbawa10

09-06 09:48 AM

Hey,
Can you explain what do you mean by holding visa for EB3 India?
Thanks -
Sorry, I meant EB2 India. Corrected it.

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eilsoe

10-08 10:56 AM

After half an hour in PS, I can now say... thats I was wrong... not inspired anyways...

Made some crap thats all...

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pappu

09-19 06:24 PM

sent you a PM
thanks I responded on your email id.

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dan19

11-07 12:34 PM

Friends,

Can you all post the names of good consulting companies to work for. Let's create a list here.

Thanks,

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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

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neeidd

10-15 11:44 PM

I had the same experience. However, my POE was Miami. No questions asked. My spouse and I just waited (with our USC daughter) in secondary inspection till they called my name and handed over our papers to me.
Thanks for your response

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