Friday, June 10, 2011

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  • desi3933
    08-18 09:12 AM
    Sorry.. I just received the letter received from USCIS.. Its mentioned as "NOTICE TO INTENT TO DENY(NOID)".

    The reason specified in the letters:
    - Section 203(b)(2)(A)
    - 8 C.F.R 204.5(l)(3)(ii)(C)


    Here is the definition from USCIS regulations (refer to 8 CFR �204.5 (k) (2)) for advanced degree equivalency: "Advanced degree means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate."

    The key word here is degree, i.e., singular degree. That means - the beneficiary must have �a degree�, not a combination of degrees. Combination of degrees, therefore, is not permitted for EB-2 Advanced Degree classification.

    I have written many times on this issue, please refer to my old posts for more details.

    Not a legal advice.

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  • LostInGCProcess
    11-12 02:25 PM
    Thanks all for your replies.
    Is it correct to assume that immigration officer at port of entry will be able to grant a stay for upto 6 months in I-94 even if the visa is expiring in a few days?

    Yes. Its up to the VO to grant the period of stay. You could enter US even with one day left on the visa. Once you are on US soil, its I-94 that determines the duration of your stay (which has expiry date).

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  • sreedhar
    10-26 11:10 AM
    July 2nd filer, checks cashed on 10/16, still online status not available.

    My Checks Cashed on 10/10...Still Not available on USCIS online System.

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  • eastindia
    04-22 10:10 AM
    This is all election fever and fear, they could have easily passed or amend Legal immigration first before taking CIR. Legals are SCAPE GOATS in the hands of Hispanic Caucus.

    Please go and talk to Hispanic Caucus about it. Maybe they will listen to your desperate call for help and suffering.

    Tell them you want to buy bigger house, fancier car and get promoted to make more money. You cannot go to Europe vacations or on a Cruise without a greencard. Your wife cannot also make 100K+ money as much as you make and so your kids are starving. Tell them that you are very educated and have Ivy league degrees. Despite all your intelligence and smartness, your employer is exploiting you and not giving promotions.

    Then say your problems are more important than problems of undocumented. They are anyways subhuman and you do not care if they do not have food to eat, get exploited, do not get medical care or have a roof above their house. They should all be jailed and deported like animals. USA is a rich country and can easily round up 13 million people and deport them. Suggest some ways of deportation using your smart intelligence.

    I'm sure Hispanic Caucus and for that matter any Congress member will definitely listen to you without forming a negative opinion about the arrogance of the entire H1Bkind..


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  • franklin
    07-24 11:33 PM
    I just ask - why not?

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  • rahulpaper
    06-19 06:32 PM
    Does that mean application progresses normally without RFE or Wait if immunizations are still not complete?


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  • axp817
    04-11 07:14 PM
    Given how soon (after the layoff) the soft LUDs appeared, it is highly unlikely that they had anything to do with the layoff, unless your employer revoked the 140 a few days/weeks in advance given the impending layoff.

    I haven't heard of companies doing that but you never know.

    Like someone else suggested, getting a new attorney to submit G-28N is probably a good idea.

    If I were you, I would do the following.

    1. Call the old employer's attorney and check if the 140 was revoked, or if it is going to be revoked.
    2. If the answer to the above is no, check with the attorney if they are willing to forward any future USCIS correspondence to you.
    3. If the answer to #2 is 'No', get a new attorney to do a G-28N as soon as possible, and then look for a new job that qualifies for AC-21 benefits.
    4. If the answer to #2 is 'Yes', then you don't need to do a G-28N right away, and could do it after you start the new job. This is just in case if the new company's attorneys require you to do a G-28N through them.

    Good luck. Keep us posted.

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  • manishs7
    06-11 07:19 PM
    This is causing confusion.......


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  • willigetagc
    08-15 08:41 AM
    May be not before but recently USCIS is doing what they were supposed to do, except the fact that they are really tied up with enormous amount of phone calls from our friends. :)

    If that is the case there is nothing to prevent them from taking the receiver off the hook. If they have a call center, people will call. They would be setup to handle a particular call volume. If the call volume goes beyond that then a Q will form and callers will wait longer for service.

    I don't think the people answering the calls are necessarily the same people who work on the cases.

    The rude behavior is nothing new for these guys. How many times have we heard how the visitor's and non-immi lines at the port-of-entry are treated.

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  • Seek_Gc
    09-09 07:47 PM
    if we are already using EAD from EB3 - 485 , are we still allowed to apply for another labor with EB2 ? and port the dates from EB3 while applying for EB2 - 140


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  • YesWeWillGet
    09-26 09:45 PM
    What will be my options to maintain my immigration status in the following scenario:

    AC21 is not filed after joining the new employer (new job since 2 months).
    If the previous employer revoked the I-140.
    Have the same job/role and responsibilities with my new employer.
    No gap between previous and new current employer.
    Status of I-140 remains approved and I-485 remains pending in USCIS website.

    Should I proceed AC21 filing immediately? Is there anything need to be done in order to keep the immigration status legal?

    I would really appreciate your valuable suggestions.

    Thank you

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  • gbof
    05-10 08:58 PM
    yes, i did receive my ead card for 2 years renewed. here is the part that every one will be surprised and will like is that, this time, they gave my ead renewal starting from the date that it will expire this year. it usually used to be from the date they process the ead renewal application, in which case, we usually use some months since we will apply 2-3 months earlier. atleast this time, we are getting the bang for the buck, since i am reasonably confident that, i have atleast full 2 years of wait to receive my GC (my pd is jan 2003). keep in mind i am a highly optimistic person for the above confidence. though the reality is i may need to wait atleast 5-6 years before i get my GC. i am not kidding and i am serious abt this.

    That is a good thing... Anyway, this evening i got mail (n txt msg too) for my approval/card production. It took exact4-wks. I hope to get it by weekend and really wish this to be the last one and GC to come my way by this fall.


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  • The7zen
    08-24 09:52 AM
    Hello Everybody,
    Thanks for the welcome and glad to join the group.
    I have also given the contact details and already got access to the google group.

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  • EADchallenged
    08-22 08:31 PM
    Afsandyar, your link provides text that has existed for at least 3 months.

    Where have you seen tha it is under discussion in the house. If this is true, it is great news, but I just hope it is true.


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  • pappu
    09-03 08:29 AM
    Any updates or idea on what happened on August 31st senate judiciary meeting on SKIL bill? PLease let us know IV members.

    pls. also send webfaxes if you have not sent one

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  • sid_das
    04-21 06:34 PM
    hey starscream

    - What was the RFE about?

    In the RFE they asked for end client letter, w2 , tax retrns for last 3 years and a bunch of stuff from my company. All the necessary documents were provided. In the denial they said that all documents were in order but that they didnt prove my specialty occupation.

    - Are you employed by a consultant or employed full-time at a company's location?

    I am employed by a desi consulting company.. and i have been in a job continously since jan 2006

    - Did your employer have any profit isseus / layoffs reecently?

    - Is your employer TARP funded?
    - Do you have your EAD?
    No , i just completed 3 years of H1. i was planning to become fulltime and start GC before the economy went downhill.

    Do you have any info if i can appeal and file another h1 thru another employer at the same time? because i do have a project that is long term...

    its driving me crazy....:(


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  • dealsnet
    01-05 08:16 AM
    If your extension paper come with I-94 attached, take it and staple it on your passport. (That is your new I-94). White paper need to keep in safe place. If it is expired, no value for it.


    I have a last minute doubt - my H1B stamp on the passport is expired, so is the white I94 card. I have a valid I797 extension.

    Can I use automatic revalidation? I am in doubt because the white I94 card is expired and I will have to present it to the officer at the port of entry.


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  • saketkapur
    03-24 03:38 PM
    She will need to complete a 3 year waiver in medically underserved area or a 2 year home return before you can file for her adjustment of status(I-485).
    We had faced a similar situation 3 years back and decided to go ahead with it since looking at the backlogs I am assuming with my PD of 2007 I am still way off from getting my GC.
    So now my wife is completing her residency in June this year and has a waiver job lined up. Once/ If dates become current I will file for her I-485 after the waiver is complete.
    If you need details then PM me.
    Everyone has their own priorities and their own way of dealing with the situations.

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  • sunshine2007
    08-27 04:55 PM
    this is a EB3 case and i'm the primary applicant not my spouse

    07-30 01:34 PM
    My attorney says that I-485 should be filed at the same location where I-140 was filed (when I-485 & I-140 were not filed concurrently) Is this correct?

    Thanks for clarifying/
    I believe my 140 was sent to Texas.
    No , I dont work for CTS.

    12-30 03:11 PM
    hi All,

    i'm new to this forum.please advice on my situation.

    I was on F1 earlier and now I am on H1b from jan 2007.
    I am the first person for whom company filed H1B and got approved.
    I am the only person on my companies payroll and only person on their H1B. Is that going to be a probelm if i go for H1B stamping to mexico?
    If i go for stamping to mexico, What sort of questions i will be asked?

    Please help me ...


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