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Saturday, July 2, 2011

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  • sevenm
    03-02 02:34 PM
    Thanks a lot logiclife. Your response means a lot to me.





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  • desimass77
    06-10 08:10 AM
    Hi Attorney,

    Can someone please guide me in what direction or steps do I need to take in my situation.

    My Situation:
    Dentist working in a Non-Profit organization for 4yrs.
    EB3
    PD: Aug 2006
    LC - Approved
    140 - Approved
    485 - Filed Aug 2007
    485 RFE for EVL - Submitted.
    EAD (2yr) and AP - Approved

    After submission of RFE, I got accepted into a 2yr speciality program that is one of a kind and I have been waiting to get into this for a long time, and it is like a dream getting accepted.

    I am presently in the program and I received the following update.

    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: This case is now pending at the office to which it was transferred.

    The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done, counting from when USCIS received it. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. To receive e-mail updates, follow the link below to register.


    I will be starting to work with the sponsoring employer from July 2009 on a part-time basis. My relation and communication with the sponsoring employer is very good.

    I am planning to join the sponsoring employer after my 2yr program and my employer is willing to accept me, but they cannot provide a future job offer as they cannot say if there will be a job opening.

    I am sure I will be called in for an interview. I have exhausted my 6yrs of H1B and presently working on EAD.

    I am little concerned for the interview, as I do not work full time and do not have a future job offer. But, since I am working part-time with the sponsoring employer, will that help to prove that 485 was a legitamate.

    I would greatly appreciate if someone could please throw some info.

    Thanks for your time.





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  • Legal_In_A_Limbo
    03-10 10:07 AM
    we are going through it right now.
    planning to file g-28 only and not AC-21 letter.

    Will wait for a RFE to send a AC-21 letter.
    Are you self filling G-28 or doing through another lawyer?
    Thanks





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  • pvadduri
    01-25 11:17 AM
    I am one of the unfortunate few who could not cash in on the July/Aug 2007 opportunity to file I-485 due to my Law Firm's mistake. Here are the details of my case:

    - My labor was approved June 28 2007 (EB3, Traditional, Priority date March 2005)
    - I-140/I-485/EAD/AP were all filed concurrently on Aug 7, 2007 (before the Aug 17th deadline)
    - My Lawfirm missed the signature on the check for the I-140 application, resulting in everything being returned
    - By the time the package came back, signatures were corrected and sent back , it was well after Aug 17th.
    - CIS accepted the I-140 application but rejected my I-485/EAD/AP saying that there are no Visa numbers available since it was after Aug 17th.
    - My Lawfirm refiled with covering letter explaining the issue,using the Fedex receipts from the original Aug 7th filing etc..but the CIS has not accepted it.
    - My Employer tried a Congressional inquiry with the CIS explaining my specific case - but that came back with same response: No visa number avialability

    My Lawfirm and Employer are saying - Sorry - nothing else can be done now...
    I am the one suffering because of my Law firm's mistake. Is there anything else that I can do to come out of this distress?. I would very much appreciate any inputs from people who have knowledge of similar scenarios!



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  • elephant
    06-18 05:25 PM
    Hi

    I am going to apply for i-485,
    i have birth certificate which is taken in 2005 but I was born in 1974
    some of my friends are saying...as you are born in 1974 and as your
    birth certificate was taken in yr 2005, it might cause problems (ins poseses query)
    to get the green card.
    Is it right?
    They are saying me to get Affidivits + non availability certificate now.
    will it be a problem if I put my birth certificate....while applying for 485

    thanks
    Elephant





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  • ashrock11
    06-14 08:02 AM
    Not on speaking terms. Not legally divorced also.

    Thanks for your responses.



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  • uma001
    10-30 04:43 PM
    Hi,

    I got a RFE on my 485 to submit all the W-2 and 1040. I do not have one of my W-2 form which my previous employer never provided me.

    I want to write a covering letter regarding non availability of that W2. I have email proofs of my requests to the employer regarding the W2. I also want to attach a copy of the letter which IRS has sent me regarding the complaint I have filed regarding the same.

    Could any of you guys help me with a format of the letter and also what all I need to include in that letter. I also need to know to whom should this letter be addressed.

    Thanks for any help.

    How many years you worked in US, How many years of W-2 they requested you to submit?





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  • Steve Mitchell
    February 7th, 2004, 10:59 AM
    Although I haven't confirmed, information of Sportsshooter is usually very reliable. Sounds like a lot of issues that were reported indeed were true. The 1D had an early fix after it's initial release as well. If true, it looks like Nikon is addressing the issues.

    See:
    http://www.sportsshooter.com/message_display.html?tid=7345
    Gene Bevins post.
    Astonishing if true, but it wouldn't be the first time that the first iteration of new technology like the LBCAST has not gone smoothly.
    I doubt it, as the only issue I am aware of is some concerns about noise, and that doesn't seem big enough to do a recall



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  • thomachan72
    03-18 01:48 PM
    You can get -
    1. a year extension to recapture the time spent abroad
    2. New/Extend H-1B for 3 year, but will be subject to cap
    3. can get new/extension H-1B for 3 years without cap, if you have I-140 approved
    4. can get new/extension H-1B for 1 year without cap, if I-140 is pending


    ___________________
    Not a legal advice.

    regarding response #2:- If the approved H1b (from Oct 08 to March 09) was already subject to cap, could you claim for a 3 year new H1b?
    The reason I was asking is because recently this application to consider this as a new H1b for 3 years was rejected and instead only one year (recapture time for year abroad) was issued.





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  • dilber
    10-13 12:09 PM
    Well it is not a significant change but dates have moved by a week for EB3 I I know its no where near enough for the category but hey there is some movement. There has been a neet 4 month movement for EB3 C and some of M as well. now all EB3 other than india are at same cut off date.

    We need to work towards visa recapture thats the only thing that can help EB3 I.



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  • bigboy007
    11-17 06:22 PM
    I have received FP notices both for my wife and myself for both 485 & 765. Code 3 ,2 . The question is :I dont know how FP process works. My wife has very smooth and sweaty hands. When i applied for Canadian immigration during FBI FP process even after n no. of attempts we couldnt get good prints on FP Sheet using INK. Ofcourse through speaking with Canadian Consulate they gave her an exemption over this. Now many of my friends have informed me that FP process is Electronic is this true?

    I think she has no problem with electronic FP as US consulate could take her FP's when initially she went for H4 in i ndia. please comment.





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  • Tommy_S
    04-15 11:38 AM
    Is this an engine? Couldn't understand, at first. The font is way too simple for the stamp. :hat:



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  • kannan
    11-17 03:26 PM
    I do not have anything,It was applied by my previous employer, and we do not have good terms.





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  • Blog Feeds
    09-07 07:00 PM
    What a shameful story. DOJ announcement on the indictment of six individuals (http://www.nytimes.com/2010/09/04/us/04trafficking.html) for engaging in a conspiracy to commit forced labor and document servitude. The charges arise from the defendants� alleged scheme to coerce the labor and services of approximately 400 Thai nationals to work on U.S. farms.

    The Justice Department announced that a federal grand jury in Honolulu
    indicted Mordechai Orian, an Israeli national; Pranee Tubchumpol, Shane Germann and Sam
    Wongsesanit of Global Horizons Manpower Inc., located in Los Angeles; and Thai labor
    recruiters Ratawan Chunharutai and Podjanee Sinchai for engaging in a conspiracy to commit
    forced labor and document servitude. The charges arise from the defendants� alleged scheme tocoerce the labor and services of approximately 400 Thai nationals brought by the defendants to the United States from Thailand from May 2004 through September 2005 to work on farms
    across the country under the U.S. federal agricultural guest worker program. Orian, Tubchumpol and Chunharutai are also charged with three substantive counts of compelling the
    labor of three Thai guest workers.

    If convicted, Orian and Tubchumpol each face maximum sentences of 7 0 years in prison,
    Chunharutai faces a maximum sentence of 65 years in prison, Germann and Wongsesanit each face a maximum sentence of 10 years in prison, and Sinchai, who was recently charged in Thailand with multiple counts of recruitment fraud, faces a maximum sentence of five years in prison if convicted in the United States.

    Instead of achieving the American dream, the workers arrived into an American nightmare. This company forced them to live groups of men in labor camps, charging each of them thousands of dollars and forbidding them from living off company grounds. Instead of permanent residency and green cards, the workers received temporary, ten-month H-2B guest worker visas, which allow no path to more permanent status. And since H-2B visas bind workers to a single employer, company answered workers� complaints with threats of deportation. Such acts are in contrary to the spirit of the H2B visa (http://www.h1b.biz/lawyer-attorney-1137785.html) and we call for harsh punishment for these individuals.




    More... (http://www.visalawyerblog.com/2010/09/h2b_visa_attorney_972010_six_p.html)



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  • ivgclive
    04-20 03:48 PM
    My emp. filed H1 ext in Jan 2011 and got RFE.

    My (existing) H1 extension is expiring on 25th March... which is just less than a week away.
    and my employer may submit RFE documents in First week of May...

    What would be my legal status during this period?

    My H1 extension was filed with regular processing, Is it advice able to upgrade it to premium while or before submitting the RFE docs?

    Please advice.

    Thx....

    You are perfectly OK.

    Until USCIS takes a "decision" which is "approved / denied", you keep the legal status.

    Premium? If $1300 is not a matter for you yes.

    RFE response & Premimum are two different channels now in your case, they will be updated separately.

    Remember the Premium process begins the moment USCIS enters data into the system. Not the day your check is received. But it is worth. You will get a decision (with RFE response on its way) within a month.





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  • venepally_v
    11-01 11:42 AM
    I would like to attend this meeting. Could you please let me know the location.

    Thanks,



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  • ssksubash
    02-16 11:54 AM
    HI,

    I recently booked an appointment for visiting visa for my parents through vfs, during the process , I first entered my Dad's details and then his ds 156, then It asked if I wanted to add additional family members, then I entered my Mom's details and her ds 156 . After that it asked for my Mom's ds 157 and never showed my Dad's ds 157.

    So the final list of documents it generated was :

    Dad's ds 156, Mom's ds 156,157 , interview letter.

    Is this correct, does my dad need ds 157 and interview letter or is 1 ds 157 and interview letter enough ?

    Thank you for your time.





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  • Ann Ruben
    06-18 07:17 PM
    If your wife wants to transfer to a cap-subject employer, she will only be able to do so if the H-1 quota for the fiscal year has not been used up. If the H-1 cap has not been reached then transferring from a cap-exempt employer is no more difficult than transferring from a cap-subject employer. (though the new start date would have to be Oct. 1 or later)





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  • validIV
    03-26 05:21 PM
    It wont hurt you to have both. Whichever gets approved faster only benefits you. I have an I-130 filed for me in 2001, F2B, as well as an EB3 based with a PD of May 07





    bhlpimmi
    10-08 10:41 PM
    Thanks for starting this thread, its unlucky and frustu..
    9/15/07(RND),missing i-140(reason),uscis fault,9/26/07(resubmitted),no response,waiting for action from uscis





    eswaraprasad73
    02-07 03:25 PM
    Thanks for the information



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