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  • maximus
    11-07 12:38 PM
    Yeah uscis is pin pointing from anything to everything. Some case they are asking for client letters, which is usually tough for a consultant to get, but nothing to worry for genuine cases.




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  • ambals03
    01-11 11:24 AM
    http://www.gpo.gov/fdsys/pkg/BILLS-112hr43ih/pdf/BILLS-112hr43ih.pdf




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  • radhay
    05-15 12:13 PM
    I think there can be only one AOS pending however you should be able to replace underlying 140 with another. Not sure how to go about.
    Thanks for your reply.

    My understanding is there can be only one AOS at any time.

    - So if the AOS is applied based on the EB3 140, can another AOS be filed based on EB2?

    - If a AOS has been applied based on EB3, can it be "upgraded" to EB2 ??

    Thanks.




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  • bfadlia
    11-30 10:48 AM
    you may try to send them other evidence of your language skills, presence, study, or work in the US, a letter of explanation, .. but there is no guarantee they'll accept this, especially if you gave yourself maximum points in the language skills. I know people who got their phd's in the US and they were still adked to do IELTS.
    But once they already asked you to take the test, you have to do it, they would suspect fraud if you don't
    I took the test, it's no big deal, not much preparation needed for people like us using English everyday at work.



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  • tikka
    06-22 09:30 AM
    My laywer has adviced me that the skin test is mandatory


    The Tb (skin test) is mandatory..




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  • pgc10
    02-03 01:00 PM
    My lawyer advises that there's no point in sending information to USCIS unless they ask for it, or is required by law or regulations. The chances of such unsolicited information making it to your files, or being acted upon are slim to none. If you wish, you could send the AC21 information on your own. Retaining a lawyer to send this information, and paying them a few hundred bucks to do so is sheer waste of money, in my opinion. There's no guarantee that it will avoid an RFE. USCIS does not have the time or resources to process unsolicited information. You should hire a lawyer (and have them submit a G-28) if you wish to transfer your representation to a new lawyer, and tell them that they are being retained to respond to RFEs and such. This "AC21 letter" thing is something that lawyers have come up with...its not necessary, and even if it is, you can do it yourself...all you need is an employment verification letter from your new employer.

    I'd like to believe that USCIS doesn't act upon such information. However, look at this guy's case.

    He says he got a "response" from USCIS after filing for AC21 stating that the information he sent was now "attached" to his existing application.

    http://immigrationvoice.org/forum/showthread.php?t=23339



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  • Lasantha
    02-26 10:38 AM
    If they still pre-adjudicated they might not need to move the date backwards, but if they pre-adjudicated we are more likely to loss GC. For example if they adjudicate 180,000 applications per year, but that included 80,000 pre-adjudications then we would loss 40,000 visas that year. So now they adjudicate what they can issue visas for.


    I really did not get that one. Is it possible to explain that please?




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  • tinku01
    09-17 06:46 PM
    Hi,

    I recieved my green card last month through Consular Processing and now getting a good offer. Is it OK to join another company just after 1 month of green card or I should wait for some more time. NEED SUGGESTIONS from experts:D



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  • Lill
    03-03 05:31 AM
    so photoshop isnt alowed? Just wondering. if not ill just do it in Flash i guess




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  • phillyag
    07-20 04:37 PM
    My 6 yrs are getting over in Jan 2008.
    1. Can I apply for H1 extension request for 3 yrs instead of EAD?
    2. Or with EAD?


    Excuse me but I am a novice here.



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  • inskrish
    08-02 12:37 AM
    Here is my prediction.

    Once all receipting is done by Sept 17th for all late Aug 17th filers, they will immediately start processing all oct 08 current cases.


    Do you think by Sep.17th receipting would have been completed? :-)
    Regards,
    IK




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  • ramci
    09-17 12:11 AM
    All,

    Please let me know your suggestion based on your experience.

    H1B Details
    H1B Entry in USA: 25-Mar-2007
    Applied for Extension: 16 Dec 2008
    RFE Received: April 2009
    RFE Responded: May 2009
    Denial Notice in USCIS Online System: 14-Sep-2009
    VISA & I-94 Expired: 25-May-2009

    Clarifications

    1. Can I apply for the H1B Transfer with another Company ? I got a offer from a Company and they would like to do the H1B transfer and they are stating that there are no issues for H1B Transfer though the Extension got denied.

    2.Since the H1B Denied, From When I have to stop working ? Is it after i receive my denial documents?

    4. If transfer is possible, Can I start working based on the H1B Transfer Receipt Notice ? or Should I wait for the H1B Transfer Approval Notice to work ?



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  • ABC of GC
    06-08 06:30 AM
    Its not abt H1-B abuse, its abt the way it was brought up. Instead of looking into his own house (USCIS and DOL) Sen.Durbin held Indian companies responsible and almost started bashing them. Little did he anticipate that they will come back in this way.

    H1-B abuse is a different issue. Sen. Durbin should have looked into rulemaking part of the game than bashing players of the game.

    When the US was instrumental in doing WTO negotiations during late 90's (BTW-your's truely grew up during that period witnessing this through newspaper articles - was an exact reversal of roles played by India and US then)they never realized that globalizing markets would lead to globalizing labor market also. Now, IT has become a virtual industry with a pretty much open labor market. Professionals making Rs.50000 ($1200) are competing with those making $5000 a month. US politicians made a classic judgement error in 90's. Now, protectionist measures are being brought in by the very same people who championed globalization for a decade.

    The letter puts things in perspective for sen. Durbin. It seems to carry a veiled warning about backlash of these protectionist measures on the US companies doing business in India. Starting from McDonalds,subway,coke (now even Walmart) to Ford, GM, IBM, Pfizer, Merck, Novartis, Abott, J&J, JP Morgan, Bank of America and many more have huge business interests in India. The size of Indian market totals upto atleast 0.8 billion human individuals with need for housing, auto, computers, electronics, healthcare, finance, consumer products etc. Losing an inch of it can make an international co. nervous.
    As far as Indian consumers go they now have options- British, German, Japanese, French and now even the Indian companies.

    Durbin tried to scare a cat, unfortunately for him it turned out to be a big wild cat- aTiger.

    Well Said




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  • BharatPremi
    07-05 05:00 PM
    http://immigrationvoice.org/forum/showthread.php?t=738&page=9



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  • dollar500
    04-09 07:30 PM
    I am currently on H1 and have EAD through my wife (>180 d) (EB3 5/04). I am in a catch 22 situation. I am gettting a fellowship in one of the best program in the nation.

    The problem is they dont want to sponser H1. Now if I utilize the EAD then there is always a risk associated. ALso my wife have to use AC21 to move to this place as well.

    Have anybody been in this situation before? Is there anything to negotiate to push them to sponser H1b for me. Can you get H1b from a moonlighting position?

    I'd appreciate the help. I really want to join this place and feel that they also really want me as a fellow. They just dont have enough courage to speak up in front of hospital corporate offices.




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  • smartboy75
    05-01 01:11 PM
    I had applied for labour in 2001 and also applied for i 140 and i 485 in 2002 .My h1 had exausted 7 years and since my i 94 was becoming in valid i was suggested by my lawyer to either stay here in usa without job and wait till i get the reciept notice and ead from uscis .Since financially my situation was very tight with a baby on the way .i decided to leave for india .Now i am here again since last 4 years .When i was in india i asked my lawyer if we can do any thing like counsalar processing etc (here in this case i had paid huge amount to the lawyer,i was paying for my gc process ).the lawyer told me that nothing can be done as he has withdrawn the i 140 .
    Now after 2 years i came (or had to come back) to usa .my new employer started the ggc process this year .Since i needed full information of my previous process to complete the forms i contacted old lawyer .he send me the papers and i was so shocked to see that they did not withdraw any thing my i 140 was approved 4 months after i left and my fingerprinting is due since 2002 .I just wish my lawyer had told me the truth .we could have cp or come back .
    it took a day for me to overcome the frustration of what had happened .
    and now my major concern is 1.that with one case pending ,i dont know how it is going to effect the new case
    2.is there any thing i can do to reopen my old case .
    Hey Vikramaditya

    Feel sorry for your situation. Hope you are able to use your old PD and get the GC soon.

    But I would like to point out one mistake on your part that you could have avoided and that was to create a user profile on USCIS website and enabling email feature on all your pending applications. Had you done that, when ur I-140 was approved you would have got an email and could have taken appropriate steps then.

    Hope you do that going forward. Even if you have approved applications it is still go to keep it in ur USCIS profile cause you never know when USCIS may open an old file and raise some flags.

    All the best.



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  • senthil1
    04-15 01:40 PM
    Hi

    Your post does look like anti immigrant who want to make fun of potential immigrants or undermining US citizenship by immigrants. I hope those observations are incorrect

    Hello, I think I made a mistake. I recently went from GC to citizenship and it cost me my job. I was
    fired shortly after becoming a citizen. I am from a country other than yours. Sorry about that. There is no particular website that represents immigration from the country I immigrated from.

    The employer replaced me with a visa card holder. After I trained him, I was fired and my boss was fired.

    I am a skilled programmer with advanced degree. Employers from the dice.com website refuse to even acknowledge my resumes. Being unemployed is no way to be a new citizen. So I am ready to give up searching and move to India,in search of programming work. All I want to do is write code. I do not desire to make a point or to annoy anyone, I just want to work and write source code and try to get on with my life.

    What are my chances to find work with the giant IT corporations of India? I am ready to move today. Can I revoke my US citizenship and immigrate to your country??? Sorry sorry sorry if this offends anyone, I do not mean to annoy any of you. I just want to have a job and write code and I will be on my way.

    Thank you, thank you, thank you, for permitting me to present my delima to this your website.
    abby




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  • GCVivek
    04-28 06:08 PM
    This is another fake story and push to try to get Congress to do something about easing immigration. 150K entrepreneurs have returned home. Really? I have not seen more than 100 Indian+Chinese NEW companies - worth their name - come up in the last at least 10 years. And about 5000 US firms that are making waves have come up in the US, 90% of which are started by born-Americans.
    Moral: those that returned home were not entrepreneurs!




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  • voldemar
    03-20 12:09 PM
    I believe if I-140 approved and was approved 120 days ago then employer cannot withdraw the application otherwise employer can always withdraw itEmployer can withdraw I-140 anytime. Don't be confused with AC21 wording - I-140 remains valid if it was approved and I-485 is pending for more than 180 days, even if I-140 has been withdrawn by employer.




    smisachu
    01-02 02:09 AM
    See my answers below. Best of Luck!!


    My new year begins with another immigration issue..need some urgent advice.

    My wife went to the US Consulate in Chennai today for her first time H-1 stamping. She completed her Phd in Biology from the US and has been working for almost a year for a US biotech company. The consular officer has asked her to submit additional information -221(g); mostly about her job and the company. I can't understand it! Most of the information asked has already been submitted to the INS in reponse to a H-1 RFE.

    My wife has an Advance Parole document and EAD based on my I-485 application.

    Can you suggest options for her?

    1. can she forget about the H-1, not respond to the 221(g) and travel back on advance parole and start working on EAD?
    Yes she can. She need not respond and can travel back on AP. However consult an attorney on how to withdraw the visa application, so the record is straight.

    2. If after submission of 221(g) her visa gets rejected, can she still use the Advance Parole to travel to US and work on her EAD?
    Yes. AP and H1 have no relation to each other. She has an approved H1, so she can enter on AP and still work on H1. This is valid if she withdraws her H1 stamping application, if the visa gets rejected-consult an attorney about the use of H1 after rejection.3. Any other options/advice?[/QUOTE]




    grupak
    08-04 12:12 PM
    IMHO, your best bet probably is filing another I-485 linking it with the new I-140 (EB2).

    Also, send a copy of the old EB3 I-140 asking them to port the old date when you file a new I-485.

    You can try to "interfile" but its an unsolicited mail as far as USCIS is concerned. There is no official form, does not generate a receipt number, and no sure way of knowing if USCIS acted on your request.



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