Tuesday, June 7, 2011

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  • sledge_hammer
    07-17 11:57 AM
    Its very natural to get paranoid about little things like signing the cover letter specially when we are at the mercy of USCIS. But is there an end to how much we can be paranoid about? No. So I suggest you sit tight and let the chips fall where they may.

    Not signing the cover letter is not an issue in my opinion!

    Hi,

    I have filed I-485 application myself for me & my wife on July 5th, 2007.
    I have listed all the documents in the packet on the cover letter, but forgot to sign the at the bottom (both me & my wife) after 'Sincerely'.It has blank in place of my signature and name printed in the brackets.Will it be a problem?
    What should I do now to correct this? Should I send the signed cover letter separately (explaining that I forgot to sign)? Your suggestion is highly appreciated.
    Thank you.





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  • GreenCard4US
    08-21 10:53 PM
    The RFE is not unusual, they are sending RFE's on all pending I-485 applications in an attempt to pre-process the applications and have them ready before the priority date becomes available.

    Even though the beneficiary does not have to be working for the GC sponsoring company and the offer of employment can be a future offer, i always advice my clients to work for the sponsoring employer, if possible, otherwise the USCIS might raise the issue of the validity of the job offer, they have done this in the past. I also always advice clients to do AC-21 whenever they can, rather than depend on future employment.

    It is difficult to predict what the Officers decision will be and what factors he will look at, and your attorney is not wrong in his response, however if you were my client i would advice you to use AC-21. The USCIS has not indicated that AC-21 has to be invoked as soon as you join the new employer, no deadline for invoking AC-21. However, you should have a GC sponsor at all times to keep your GC alive. In your case, company A was your sponsor until the time that company C has agreed to be your sponsor and invoke AC-21.

    It is also good to invoke AC-21 because at the time of filing for citizenship they will see if you worked for your sponsoring employer for at least 6 months after getting the GC and if you did not, they will ask why dint you.

    Further Questions:

    Can I invoke AC21 now when an RFE is pending? Also, since I had already joined company C when I applied for 485, can I still invoke AC21. Do I reply to the RFE first and then invoke AC 21 or as part of RFE can I invoke AC21? Thanks again.


    The dates in the first couple of sentences are all messed up ( came to US through Company A in June 2007 and was with them until Dec 2006...........I joined Company B in Jan of 2007(change of H1) and was with them until April of 2007. )
    It would help to answer if you can correct the dates.





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  • sodh
    07-11 02:37 AM
    Lage Raho Iv Bhai





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  • BeCoolGuy
    04-16 09:46 AM
    EAD/AP is personal choice. Employer can only govern what he has under his control - which is LC and I-140. He cannot chose to not allow EAD or AP, and you are not obliged to inform him. Good employers sponsor everything and the rest dont. But legally (i am not a lawyer though), they cannot do anything with you if you apply for EAD and keep it as a backup. Yes, if you chose to use your EAD to do extra work in addition to your employer's it may come against company policy. But if you intend to just keep it as a backup, there is nothing wrong..

    Go to USCIS efile website and file it on your own (EAD and AP).

    Gudluck



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  • morchu
    04-27 03:01 PM
    "approvable" is the right term.
    I always thought that your I-140 *has to be* approved before you can change jobs with the AC21 rule... no?





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  • edgarrecto
    01-14 07:37 PM
    how about eb3 for philippines?



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  • thesparky007
    04-24 12:09 AM
    i edited it kirupa!!!!





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  • longq
    03-29 11:09 PM
    Your lawyer is right. People are taking advantage of portabilty of PD in multiple 140s. However, they are forgetting fundamental of 140 sponsership. Your employer already filed a 140 for a higher level position (EB2) and now requesting again USCIS to approve a 140 for a lower level position (EB3) for same employee with in a months. How will you justify? Howmany job offer your employer can give you? Is there any logic involved, for a person already given a higher level position, to take a lower level position. In the eyes of USCIS, it will defintly looks like your employer is doing fraud and there is no genuine job offer to you. If it is otherway, it may not look bad. If your first I-140 was EB3 and second one is EB2, then there may be a logic.



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  • krishnam70
    05-01 04:51 PM
    Until you know the reason for denial, its difficult to give any opinion. If you know the chances are very low if you are going for appeal, I would still advise you for that to get some time.

    1. When your appeal is pending you can use the approved PERM to get your H1B if you are beyond 6 years.
    2. If your I-140 is denied, it will trigger the I-485 denial.
    3. If your I-485 is denied, the EAD is become invalid. Then I am not sure about the AP status.

    I am not sure but think you can use EAD if you go for appeal...

    So its always good to have H1B as back up for EAD and AP. At least you will be in status.

    you need to wait for the denial letter and see what can be done.

    - cheers
    kris





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  • ashkam
    03-24 11:57 AM
    Banks send you the 1099-INT form which is allowed on H1B. This is different from the 1099-Misc form google sends you (http://www.adsensetaxes.com/) which makes Adsense a business income. That is not allowed on H1B.



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  • abdulazeez77
    08-14 04:16 AM
    Hello All,

    One of my friends mentioned that there is a possibility that I-94 card could be stamped with the date on my current visa stamp at the port of entry. This would invalidate my wife's transfer since the new transferred visa is valid until 2009 whereas my stamping with my old employer is valid only until Dec 2007. In order to avoid this, should my wife submit her passport as well as the I-797 and I-539 from my current employer and ask the officer to stamp the new dates on the I-94? Please advise.

    Regards,
    Azeez





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  • goel_ar
    12-20 01:45 PM
    I am all up for it & won't mind doing it all...



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  • smssharma25
    12-05 10:44 PM
    Thanks!.. My job title in labor is "Computer and Information Systems Managers" & SOC code is "11-3021.00". The offer I have is for technical lead with around 40% hike. Will technical lead be considered as "Computer and Information Systems Managers"?. Future employer is a big co & I don't think they will be ready to adjust the job profile. Can I hear from anyone who had their labor filed for solution architect or technical lead role(soc code & job description)?

    If you want to know the exact job description then labor is the only document which has the complete description. Usually the company will ask to fill some documentation for filing labor and labor is filed based on the available job and your skill set as well (that's what I have seen).
    You might get some idea of job description from the documentation you filled for labor but again will not be exact...





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  • LOL123
    07-30 11:25 AM
    I am currently working on EAD. My current EAD expires on September 9th 2008. I have e - filed for the renewal EAD on June 13th. The way Texas center is processing it may take a while befoire i get the renewal EAD. My question is - Can I continue working on EAD with the receipt notice of renewal EAD?



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  • ashkam
    08-08 08:39 PM
    If you look at the forms page on the USCIS website, it says previous editions of the I-485 form accepted.





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  • jax999
    02-23 01:21 AM
    sorry to ask this question as it may be asked previously still i need to know the latest info.


    Having AP and EAD ( i am not primary ) and want to travel to india from atlanta for round trip. what are the documents i need to carry ? What are the things i need to follow ? For the infant baby who is USA citizen what documents i need to carry ?

    please reply anybody who knows about these.

    Thank you.



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  • gconmymind
    04-22 04:57 PM
    This should also act as an eyeopener for those people on H-1B who are just about now starting their GC process. Such people can forget getting a GC for the next 12-15 years.

    If you are young (in late 20s), you should reevaluate this whole idea of coming here on EB GC. It maynot be worth the wait and the suffering.

    ----------------------------------
    I think I will change my ID to "(Non)Eternal_Hope"

    The eternal optimist in me says that by the end of 2010, everyone who could file during July 07 will get their GC. This will happen due to CIR/STEM Exemption/Recapture combination. I hope my words come true!!!!

    Peace..





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  • srikondoji
    08-07 02:50 PM
    Prevailing wage for EB2 as of latest information i have is $83,200
    Hope this helps.

    Hello Gurus,

    I am currently looking for a job and I have a US Master's degree. I am stuck in this retrogression and my lawyer applied for EB3, and I have no choice but looking for another job that requires me a M.S. with higher salary so I could apply for EB2

    Do you know where I can see which is the minimum wage for applying as EB2?? I remember in my Labor certification there was a place where I used to check minimal wage requirements.

    I am rest of the world, and having an EB2 application will let me jump out of the retrogression if EB2 continues to be available

    Thanks in advance
    Kukitron





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  • roseball
    04-04 02:49 PM
    Hi thank you again, yes i understand that visa stamp is only needed for overseas travelling purpose. You raise a good point though when you said you assume i got h1 approved with i-94 attahced. This brings me to a scenario that just happened a few months back. I applied for extension h1b and h4 and we received notification that it has been approved and the approval sent to the attorney. But the attorney has disappeared. My wifes h4 approval was returned back to uscis and mine is not known where it is. we called uscis and they said we have to apply a duplicate i-824 individually to get the approval sent back to us again. i have therefore submitted i-824 application for my wife already. and i am submitting mine this week. all we have right now is h4 receipt for my wife and a copy of the approval for h1b for me (without i-94) that usually goes to the peititoner. What do you think about this?

    Oh well, since the employer H1 approval copy does not have an attached I-94, we cannot conclude anything. File a I-824 for your H1 first, I believe your employer needs to file the I-824 for H1.....For H-4, you can do it yourself since its a personal petition....Then have your employer or employer's attorney contact USCIS and enquire whether your Extension of Status was approved as well (meaning H1 approval had an attached I-94). If thats not possible, you will have to wait till your I-824s are processed and you get new copies of the approvals to check if they have attached I-94s.





    deba
    04-13 05:40 PM
    Correct me if I am wrong...but I believe a bill has to pass in both Senate and Congress and signed by President to be enacted into law. Currently the H1/EB bills are only presented in Senate. Any comments?





    axp817
    03-31 02:20 PM
    On another note - I see that people are getting denials on 485 - cases like yours, and then AC21 stuff .. I am trying to understand if there is a pattern to it.

    Yes, we are seeing more denials and RFEs these days, but we are also seeing more signs of preadjudication at the same time which makes it hard to tell if the rate of denials/RFEs has gone up.

    In Mar 2008 for example, we saw maybe 2 485 denials on the forums, which seemed like a small number, and in Mar 2009 if we see 10 485 denials, it will seem like a large number, but you have to remember that the number of applications being pre-adjudicated in March 2008 (according to NSC, TSC processing times) were probably far less than the ones being pre-adjudicated now (since the processing times have only now reached close to or past July 2007 and we have been seeing signs of pre-adjudication activity - soft LUDs, etc.).

    So if 100 applications were being preadjudicated in Mar 2008, the % of denials was 2% and if 500 are being pre-adjudicated now, the % of denials is still 2%, it just seems higher because 10 guys posting about 485 denials in a month, seems more shocking than 2 guys a month.

    Of course, these numbers are all based on the assumption that the # of applications filed in July 2007 far exceeded the # of applications that were "in process" until then, and that forum members are a good statistical sample, so in the end, it is still a guess.

    Godspeed to all of us.



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