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  • glus
    07-18 07:30 PM
    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..

    OK, not to scare anyone, but per recent uscis update, all applications must be submitted with initial evidence in it. This announcement was effective starting on Jun18t. In I485, the employment letter is part of initial evidence. As per new rules, an IO can deny any application without RFE if the initial evidence is missing.

    See this document, and read part "initial evidence requirements" paragraph 2 which sates an application can be denied withou RFE if initial evidence is missing.
    File direct from the USCIS site
    http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf

    My attorney was very thorough and prepared the initial evidence well.





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  • Humhongekamyab
    01-29 10:23 AM
    this rumour sounds like its straight out of timesofindia :p;)

    :d





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  • st4rguitar
    04-06 01:39 PM
    I would definitely be interested to see how your MTR pans out. Please keep us posted. We filed a MTR back in 2005 for a PERM case that was denied because the salary was wrong on a job opening notice - we ended up winning the MTR and the case was approved but not until mid-2007. We have had some erroneous denials recently and are looking to file the motions to reconsider, so I would love to know your experience if you receive a decision.


    I am in big need for help. I applied for my first LC based on Skilled employee (Category 3) because my first job financial analyst only required a bachelor degree even though I have a masters degree then I filed for the I-140. a year later, I got a promotion to a senior financial analyst which requires a masters degree (which I already had). so I filed a second LC (EB2) for the new position with the same company however, my LC was denied because the DOL thinks that there is no difference between the 1 job (financial analyst) and the second job (senior financial analyst) with the same company. so I checked with my lawyer and he said that I can file for appeal so the DOL will review their decision and realize that it was wrong. I did file for appeal (within the 30 day window) in Sep 2006 and I ve been waiting since then. MY HR manager sent emails and made many phone calls to Atlanta to find out about the status of my appeal but with no results. finally in Jan 2008, she sent another letter to ask for a status. does anybody know or have any idea how long the appeal normally takes so they can make a decision on my case?? please advise. Thank you





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  • tikka
    07-06 11:44 AM
    If I have approved LC and I140, can't i get 1yr (or if PD dates are retrogressed get 3yr) H1 extension??


    if dates are retrogessed you get 3 year extensions..
    if they are not then you apply for 485 :)



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  • greyhair
    06-22 10:02 PM
    I also work for Big4, but I work in IT. Wait time depends on your country of birth and the category of your application. If you are from India or China in Eb3, then you would be better off not applying because you will most likely retire before you get your green card.

    It may be helpful to apply in Eb2. I am not sure if CFA Lvl 2 will qualify you for Eb2. But if you have Masters degree in your area of expertise then Eb2 should not be an issue. Performance bonus is not a measure of exceptional ability for Eb2.

    You will have to provide more details or you will have to understand the process to estimating the time it will take for the approval. Given the size of the backlog, Eb2 is always better than Eb3. Ultimately, it depends on your employer and your job requirement.





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  • grupak
    08-15 07:40 PM
    Thank you all for the good wishes!

    Good to see you Jazz.

    Congratulation,


    You said relocated- Did you invoke AC21 and if so, did you inform
    USCIS about your new employer/job? Please, let us know on this


    My GC came before I officially joined the new employer. And NIW is a bit grey area I think... I don't need an employer but I am expected to continue my contribution in my field of expertise.

    But as people have mentioned AC21 is your right... you don't have to invoke it. If USCIS asks, you prove through documentation how you are covered under AC21.



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  • dilipb
    04-21 06:57 PM
    It appears that everyones experience is going to be different.
    Lets see what happens in Pittsburgh PA for my friend.





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  • ps3539
    03-22 01:59 AM
    Do not think about your events.

    Think about baby's life. Make him/ her a US Citizen.

    That's a good gift you can give.



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  • vhd999
    04-26 06:50 PM
    My wife recently travelled to India from Seattle.

    At the check-in counter, Lufthansa people insisted that she should pay for the second bag.

    Before the day of the trip, we called Lufthansa and confirmed that we are allowed to take two bags (50lbs). There are no other airlines involved.

    My wife insisted that she should not pay for the second bag. After some deliberations and confrontations, Lufthansa reluctantly accepted the second bag with no fees.

    Sometimes I wonder, where is the end to all this nonsense.





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  • skumar9
    04-13 12:26 PM
    So did you answer the RFE ? ....



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  • Ramba
    09-10 05:15 PM
    Hmm.. I though many people are there.. bumerr...

    Anyways.. I am shooting for EB2 category as I have my MS.. Few of my freinds here in office have applied for GC , but all of them have applied with MS + 1 atleast... I was kinda worried as my JOb code falls under JOb zone 4, how will i qualify for EB2 even though only having MS does qulaify for applying EB2..

    I know.. that a position should require MS or BS +5...rather than one having that degree..

    I was just wondering if there are some people who have applied under EB2 category with MS +0 experience....


    Thank you every1 for your prompt responses...

    MS+0--hard to sell to DOL, particularly in current economic condition, as unemployment rates are in double digits. It is also depends on the location of the job. DOL may belive that they can't find US citizen with MS+0, for the job in Alaska. !00% they wont belive if the job is in michigan or california, where the unemployment rate is very high.





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  • desi3933
    06-23 12:38 PM
    Port 2003 PD at the time of filing 2nd I-140, keep copies of old labor + 140 and new approved labor and a cover letter should specify that the beneficiary for both is the same ie YOU and you are not doing labor subsititution. I have been successful porting my pd from 03- the only difference was that my job classification was the same and salary for 2nd job was more

    A

    This is correct.

    However, it does not matter if it is labor substitution (you can still do PD porting). Job Description changes do not matter.

    The only requirement is the other I-140 must be approved and active
    and it must belong to same beneficiary.

    Not a legal advice.



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  • JSimmivoice
    01-24 05:51 PM
    Ann & Others, thanks for your valuable inputs, My visa stamp on my passport expired last week but I do have a valid extended I-94 from my extended H1 petition. So I'm getting the option from Company A to go US Consulate in Abroad, get restamped based on my current valid H1 Petition from Company A and enter US using it and join Company A directly which will clear all problems including the unauthorized employment.





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  • dish
    09-26 06:00 PM
    Instead of asking for "filing for I-485 even when Priority date is not current" ,

    why not we ask for "filing for EAD and Advance Parole based on an approved I-140.".

    The net effect is the same. By the present law EAD and Advance parole is issued based on a pending I-485. Instead , EAD and Parole could be issued based on on an Approved Immigrant petition - ie I-140.


    Even if we are allowed to file for I-485 when priority dates are not current, the application for adjustment of status will not be considered without being a visa date available.



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  • maxy
    04-28 09:43 AM
    this renewal i believe will be with new fees, so will it be extended for 1 yr or 3 yrs ?





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  • Cataphract
    02-17 09:34 AM
    After a very enthusiastic and motivating conference call the volunteers have decided to meet in person to network and strategize and agree on the next steps to tackle the pressing issues.

    The location is a McDonalds in Tysons Corner, VA

    The exact address is

    8111 LEESBURG PIKE
    VIENNA, VA 22181

    We plan to meet on this Sunday, February 19th at Noon.

    Everyone from VA/DC/MD is welcome to join us, this way we will get to know each other better and can work out a plan faster.



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  • gsvisu
    07-12 10:16 AM
    Is it possible to show also Martin Luther King along with Gandhi in the template photographs ?

    The locals & all can relate to MLK faster & better. Also there were previous chains that encouraged to refer MLK.

    Remember we get a MLK - national holiday too...

    Also modify the poem to reflect that something like...

    Using Gandhi’s & MLK or ML King's way as our only tool.


    Any suggestions ?





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  • vasired
    08-10 03:47 PM
    u can read it on http://blogs.ilw.com/gregsiskind/ or for complete press release

    http://www.dhs.gov/xnews/releases/pr_1186757867585.shtm





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  • at0474
    01-09 03:45 PM
    "I suppose this year's quota for EB3 India is not yet used (as small it may seem). My guess is, when EB3 processing begins, it should get your collegues out in 6 to 9 months from now."

    EB3 quota is like a spoon of rice from a bag of basmati :))

    --LOL! True, but I thought it is good enough for 5 guys with PDs in 2001.





    GC_Applicant
    07-23 11:27 PM
    I ported from EB3 to EB2 recently and if its all goes well, my PD of May 06 might be current. Is there any way one can determine if their finger prints, photographs, security checks, etc., are valid and the application is pre-adjudicated and ready for approval.

    Since, I ported recently I didn't notice any LUD's in my I-485 application. Any thoughts. Please share your experiences.





    manand24
    10-22 09:34 AM
    See Signature



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