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Saturday, June 11, 2011

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  • neoneo
    07-17 12:32 AM
    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.

    What cover letter ?.. did u sign all the forms ? those a important ! .. cover letter-- i don't think they care, unless it has some legal info. If it's just a list, it doesnt matter.

    ping ur attorney though.





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  • anai
    09-18 10:31 AM
    Hi, My wife and I received three emails each regarding 485 approval ("notice mailed welcoming new permanent resident," "CPO ordered," and "approval notice sent") on 9/8. My wife received her "welcome notice" and the card itself within a few days. But I have not received either yet.

    1. I know the CPO email says wait 30 days, but given that my wife has already received hers, I suspect that mine was either sent to an incorrect address or there's some other hold up. Anyone else in a similar situation? Any thoughts/ideas/suggestions?

    2. I guess I can wait 30 days and then apply for a replacement card with an I-90 (for which the current processing time is 3.5 months). How can I travel internationally in the interim? If anyone is aware, please let me know; I am trying to have a plan in place, in case an emergency arises.

    Thanks to the two other posters, for their informative replies.

    Here's a follow up. I just called USCIS to discover the following:
    About two years ago, we moved and filed AR-11s. The address in their system shows a mix of old and new for me (whereas the address is right for my dear wife). And my card was sent to this incorrect address. What should happen next is that the card will be returned to them and then get mailed out again, but this time with the correct address. What will happen in reality is anybody's guess.

    Updating here in case this is helpful to anyone else.

    By now I am so used to having a constant 'green card concern' gnawing on a corner of the mind. We've probably grown so fond of each other over the years that even after 485 approval, it lingers on.





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  • cleopatra
    02-07 10:24 AM
    Thanks for the response.

    The problem is not with current pay vs future pay. The company has other project managers (US Citizens) and will only pay what others get as PMs. The classification gave a pay that is almost 50% more than what other PMs make.

    So the company will not commit/be willing to pay that high wage. Why should they? I know my company pays more than average of what PMs get in the industry. BTW it is not a consulting company and I work directly for the company, not clients.

    I think the problem is that any kind of manager in computer/IT industry is classified under Computer information systems manager. While there can be hundreds of classifications that are not CIS managers.

    To put things in perspective, the classification is for my boss's boss. But the job done by me and my boss and his boss are totally different.

    So my question remains. How do we get classification as Project manager under EB2 with proper wages?





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  • Leo07
    02-01 11:22 AM
    Sorry, Link was on the first post.

    Here it is again:Organizing for America | BarackObama.com | OFA Survey (http://my.barackobama.com/page/s/OFASurvey/)


    please post a link to this survey



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  • binadh
    07-05 11:13 AM
    This means that this time it has become unavailable because total number of visas have been used. However, when it resets on OCT 1st, it SHOULD be available. This is what I am hoping for...... We'll see. Any other thoughts?

    EB2 ROW has never retrogressed.

    It can become unavailable when 140k visas are used for the year





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  • lazycis
    01-24 08:20 PM
    If the cort orders them to find a number, they will find one despite the "U".



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  • desi3933
    03-09 12:01 PM
    This is my understanding.

    when someone is on H1 status, employer is bound to pay him/her unless they have explicitly terminated the employment by a termination letter/H1 cancellation/Change of status/resignation letter from the employee.

    How will USCIS know that the beneficiary has switched out of H1 status ?

    You are right.

    Employer must pay H-1 employee salary until
    1. employee is notified of job termination (or employee resigns)
    AND
    2. USCIS is notified of such termination by request to cancel the H-1B petition.


    ______________________
    Not a legal advice.
    US citizen of Indian origin





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  • champu
    02-19 06:21 PM
    Also, how USCIS knows I am working on EAD and not H1B (assuming I have valid EAD and H1B)



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  • Becks
    11-09 08:45 PM
    Can anybody clarify what will happen to pending 485 when 140 is denied and appealed?





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  • blondhenge
    08-31 09:15 AM
    I had asked this question to the immigration lawyer at IV. She said that if you are working for the same company at their offices aboard & go for Consular Processing ( it is the only option as you can not go 485 route) it should be just fine. However, if the company that you are working for when you are abroad and the company that did your GC are not the same thenit is almost impossible to prove that the job exists when you arrive in USA after CP.

    That is why you need a new employment letter from your US employer to bring to the consular interview. The letter is the proof that the job exists for when you arrive in the US.

    However, if the individual has no intention of working at the US company upon arrivial, or if they do not want to hire him back (and thus not give him the letter), he will not be approved at the consulate.



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  • raysaikat
    06-14 11:50 AM
    Thank you! raysaikat
    So it is just like applying a new H1 visa, but include a copy of my current approved H1 visa and maybe some pay checks from my current employer?

    There is nothing called "H1-B transfer". It is always a new petition by the new employer. The key is that since you have been counted once, you should not be counted again. For that you give your new employer your current H1-B approval notice (I-797) which is the proof that you have been counted. The new employer (or his/her lawyer) will use that information appropriately. The new H1-B must also start on or after Oct 1, 2008.





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  • gimme_GC2006
    08-10 05:50 AM
    alright..I came back without any problem.

    Immigration at POE (Dulles airport) was breeze, first officer said, "oh..you have parole letter".
    he checked something in the system and asked me to go inside..

    Took baggage..went into customs...where they sent me into another room.

    CBP officer took the AP..felt bad that I have been waiting since 2007 for GC..in < 5 mins, stamped and said, good luck..you are done.

    Thats it.



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  • munnu77
    02-04 05:08 PM
    My frinds 140 got approved today..
    receipt date August 21 2008
    Approval date januray29 2009
    EB3 Texas service centre
    american company- Non IT





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  • chitra
    02-26 01:50 PM
    Phani, looks like you do not know your immigration lingo....read up on it, and if you do not have anything constructive to contribute, please do not contribute at all.



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  • Fightwithfate
    03-14 02:48 PM
    Your employer should contact VSC immediately using the contact channels set up for premium processing cases (I believe they have dedicated email addresses and telephone numbers for premium processing).
    Thank you.
    I will ask my Employer to check with VSC.
    Please let me know if anyone faced this problem in the past





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  • mrajatish
    03-26 10:25 AM
    How about a monthly membership of 5-10 dollars - that will be a recurring earning for IV, and as membership base grows, this can be the sustaining force.

    Remember even if Specter or Frist bill passes with some of our amendments, there are still are ton of issues to deal with e.g.,
    1. BEC backlog
    2. Name Check



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  • gc28262
    12-16 12:02 PM
    I have a valid H1 till 2012. As my company was going lean during the recession they asked me to work in India (no office in India - was working at home) for 1 year. Now they want me back in US. I am planning to get back in Feb 2010. I was not on payroll for 2009. My company transferred an amount every month to my indian bank account. My questions -

    1. At the Point of Entry (POE) will they ask me why i was out of US for 1 year? - what should i tell them - will "health reasons" work?
    3. Will they ask for payroll or W2 for 2009?
    2. Will they ask me any sort of documents - other than I797?

    Heard that POE's at Washington, Chicago are pretty strict - can someone please suggest a POE that i should choose.

    Thanks in advance.

    You need to have paystubs for the period you were present in US on H1B. You don't need paystub for the period you were in India.

    Your H1B is still valid.

    I guess that answers part of your question.





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  • looneytunezez
    09-16 03:01 PM
    I knew it was gonna happen, first it was horses, now its health....:(

    "
    <b>Health Care First Or Last</b>

    Sen. Schumer, the Chair of the Senate Immigration Subcommittee, has cancelled his earlier Labor Day deadline for the first draft of the CIR bill. What is even more worrisome, he has not given any target date, and some speculate that his next target date is Easter 2010. If this is true, Mr. Schumer may as well declare that those waiting for immigration relief can forget it � for this Congress and for many more to come. "

    Here is the link to the article: ILW.COM - immigration news: Immigration Daily September 17, 2009 (http://www.ilw.com/immigdaily/digest/2009,0917.shtm)





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  • pleaseadviseme
    09-23 12:56 AM
    Thank you very much for the quick reply!
    I just got some feedback from my employer.

    Is it possible for my employer to file for my H1b, and I can find another lawyer on my own to file for my Wife's H4? I think my employer isn't really willing to file for my wife from his tone....

    he said he will file it next month, but will petition for my H1b to validate in June next year (when my OPT ends, my H1b will validate the next day). in this case, when can i start the petition for my wife if she is in F1 after i got my H1b 3, 4 months from now(but won't be validated till June next year)?

    I am filing for her F-2 next month, I seriously doubt by the time i file for her H4, her F-2 will be in the mail. should i wait for the F-2 to be approved then start petition for H4?

    Thank you so much again, you have been a really helpful attorney.





    kirupa
    09-04 02:03 AM
    Joe - I just tested out kWordpad (http://www.kirupa.com/forum/showthread.php?t=265975), and it actually works the way you want it to. You can hit the Bold button and begin typing, and all of the text appears in Bold. Is that not what you are seeing?





    Desiguy786
    04-02 03:35 PM
    Gurus/Attorneys,

    My current 8th year H1 is valid until end of May 2007 from employer A, we applied for 9th year ext and got a big RFE. As a backup, can I transfer my H1 to employer B and get 1 year extension (until May 2008) based on my approved labor from employer A ??

    Any inputs/suggestions are greatly appreciated!!



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