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Monday, June 13, 2011

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  • TheCanadian
    02-08 03:44 PM
    Congrats!





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  • maximus777
    05-28 02:44 PM
    Are USCIS related expenses like visa/lawyer fees etc. tax deductible? :confused:





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  • krishnam70
    05-05 01:47 PM
    Hi All,
    Recently I received an RFE on my Wife's 485 application asking to prove that we both are still married. My lawyer is asking for around $400 to respond to this RFE, We have already paid the lawyer about $7500 until now for our GC process and she is no longer the preferred lawyer for the company that I am working for, but I had to keep my case with her as she has processed all of my applications until now. My questions are:
    1. Can we ourselves respond to the RFE and save the $400.00,
    2. If so, What's the process and what documents that we need to send to prove that we are still married.

    Appreciate all of your help in this regard.

    Thanks

    http://immigrationvoice.org/wiki/index.php/US_I-485_RFE_Bonafide_Marriage

    -cheers
    kris





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  • pvganesh
    10-24 11:42 AM
    Thanks Ann Ruben.

    My PERM application requires experience as a 'systems analyst' in XYZ technology and i have experience/affidavit letters reflecting progressive experience in XYZ technology from last 7 years with minor difference in wording of job duties.

    We are seeking EB2 classification based on "five years of progressively responsible experience", i also have certifications in XYZ technology from last 3 to 4 years (not before starting work in XYZ technology) but i'm not sure if including these will help/complicate the case.. Could you please advise..Also, please give any additional points to take care while filing 140 with EB2 classification based on "five years of progressively responsible experience".


    Thanks
    PVGanesh



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  • 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?





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  • lazycis
    02-28 08:31 AM
    You should be fine. Not only you filed your extension on time (so the approval should apply retroactively, more likely that's the USCIS mistake), but two law provisions protect you:
    1) 8 C.F.R. section 274A.12(b)(20) - An H1B holder whose employer has filed a new H1B petition to extend the stay (through the current employer - NOT a job change) can work for up to 240 days based upon the pending H1B petition;
    2) 8 U.S.C. 1255(k) allows you to adjust status even if you worked without authorization for not more than 180 days.

    Oh, yes, I've had a similar RFE for my dependants to show continuous H4 status so it's not unusual.



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  • sripk
    05-17 02:24 PM
    I have Master's degree from US and have been with the company for 6yrs. This is the response from my Attorney on porting to EB2 category. My I485 was filed during July 2007. What can i do to be able to file a new PERM LC for porting to EB2 category without affecting my I485 application? Please advise.

    Thank you for your email inquiring about filing a new PERM labor certification (PERM LC) application to qualify for the EB-2 preference category. A final determination has been made on whether a new PERM LC can be filed.

    Regulations that govern the PERM Labor Certification process do not permit an employer to file a new PERM LC application for the sole purpose of shortening the wait time in immigrant visa preference categories. Company will not file a new PERM LC unless it is clearly required by regulation.

    We completed our research and legal analysis. The purpose of the research was to determine whether you can still benefit from your current case, or whether substantial job changes require, by law, a new PERM LC application to be filed on your behalf.

    Our final assessment is that while some job changes have occurred, the changes are not substantial in the context of labor certification regulations. Please note that while the group, products and/or daily tasks in your employment may be different, these changes are not substantial from an immigration perspective and do not require a new PERM LC. In addition, portability provisions of the law allow considerable flexibility for job changes when an I-485 Adjustment of Status application has been filed.

    This is not an internal policy matter, rather company's compliance with U.S. Department of Labor regulations that govern the PERM LC process.





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  • jasmin45
    07-12 08:46 PM
    Lets discuss this after we deal with July Feasco. no offence to you as you are free to keep moving this post of yours... its just my oppinion and of most in this thread as well.. One issue at a time!



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  • ek_bechara
    10-13 01:45 PM
    This is clearly a case of pharma companies wanting to make more money. My question is, why target only immigrants? There is something fishy here. I dont buy their argument. Fuck the green card. I'm not putting my wife through this shit. The sad part is that everything is commercialized in USA. Dont bring it upon your health. A slew of medicines have been pulled off the shelf and for heavens sake, this is a vaccine. I'm not scaring anybody.





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  • h1techSlave
    02-24 08:00 AM
    So are you suggesting that the H1 cancellation was fine?

    The approved H1B case status will change to this status only when (1) the employer requests to withdraw/cancel the H1B petition or (2) USCIS reopened the case due to fraud or misrepresentation. In your case, your employer must have notifed USCIS.



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  • bestin
    11-05 11:01 PM
    I have a notice date of Oct 1st but no EAD yet. Anybody else in similar situation? My application reached NSC on AUg 13th.

    I have received FP notices on Oct 29th
    SAME with receipt date.see details below





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  • sarika
    07-26 02:13 PM
    I got my receipt numbers for I 485,I131 and I 765.
    i got them by calling USCIS yesterday.
    Mailed on:June 28th
    Received date:June 29th at NSC
    Notice date:July 23rd.



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  • number30
    03-05 07:30 PM
    It's family-based, so I believe the 245(k) act doesn't apply to me. Then again, I didn't really work because buying/selling online takes a few clicks.

    If it is through your Spouse then do not have to worry? What was period of this of this work? If it is only this year some CPA can do magic





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  • venkatosizolon
    04-25 09:45 PM
    I am working in company Vision System Group Inc (VSG INC). They are under USCIS investigation and involved in illegal activities. (Vision Systems Group Inc., was indicted in a 10-count federal indictment that included one count of conspiracy, eight counts of mail fraud, and one count of 'Notice of Forfeiture' in the amount of $7.4 million.) .
    For more detail please read here 11 arrested, indicted in multi-state visa fraud operation (http://www.ice.gov/pi/nr/0902/090212desmoines.htm).
    Many more similar link by searching Vision Systems Inc Group on Google.

    They have sister concern companies:

    Axiom
    Orion
    Venturi
    Orionsoft
    Cornerstone Information Systems

    They all managed by same owner and management.
    Company first delayed the payment by 6 weeks. They pay salary more then one month late (example on March 7, I get salary on period Jan 16- Jan 31). This (late payment) they are doing since last more then one year. On March 12th, 2010 they send email saying VSG and its entire sister concern companies are acquired by Zolon (Zolon Corporation) and send there HR manager's email addresses for communication with company. In other email they attached memo from zolon company's CEO that describes that they will pay March(1-15) salary on April 10 and March(16-31) on April 26 and so on. They also told that they will pay Feb(whole months) salary when ever they can. I sent many emails for Feb Salary, VSG HR ppl are saying you should ask new management for salary I (VSG HR ppl) am also now employee for Zolon. I talk to Zolon HR ppl and I told if I dont get Feb salary then I will complain DOL and file a case throgh attorney. Zolon HR ppl are saying Zolon' responsibility of paying salary is from March only.In reality VSG should have paid this salary already, we (might) pay but dont know when. You can file case and lets attorney decide. I dont care.


    How should complain about salary to DOL should I complain against Zolon or VSG or both? Now there is no VSG. will I get success? Zolon might slip away by saying I acquired from March.

    It is also possible Zolon and VSG owner might be relatives. and want to make money by not paying Feb salary.

    Please advice.



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  • sam_hoosier
    06-15 01:26 PM
    My I-140 is still pending, but I will be filing I-485 since no one know when retrogression would hit again and for how long.





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  • mnkaushik
    01-04 08:50 AM
    I dont know if this is possible but how about applying for EB3 using premium processing and once it is approved u have ur prority date set to Apr 2004 and then apply for EB2 I140 and ask for the April 2004 priority date.

    I am not sure if u can do this, looking forward from others to see if this is possible.



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  • aruny5
    10-26 02:25 PM
    Thanks all who replied to my thread. I am contacting Air France regarding this transit crap. I will post my experience on this forum, when I get answer from Airline.

    One thing is for sure, I will never again travel by Air france, BA and Lufthansa.





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  • eilsoe
    10-15 07:27 PM
    Yap me too! :)

    I'm gonna go and download those brushes right now! :P





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  • validIV
    04-27 02:29 PM
    You might be denied based on the 365 days rule. When was your labor filed?





    pappu
    09-25 12:56 PM
    Having 3 days left for your date to be current does not mean much if you are thinking of getting your GC on oct 1. Not everyone gets the GC as soon as the dates get current. Ask people whose dates became current in June. Have you also checked if your name check is cleared?





    corleone
    11-09 10:22 AM
    So my AOS is which of the two: july 23rd (date courier received) or oct 17th (date checks encashed)?

    There is a website called Google. Its amazing in that it is above nationality and responds to every "is which of the two"



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