Thursday, June 9, 2011

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  • seahawks
    06-26 02:39 PM
    While filing for my wife's G-325A form, her last name was filled in first name and first name as last name. We got our FP notice yesterday and thats when I went back and reviewed all the forms I filed. I was wondering if any of you know what can be done so that an honest mistake can be corrected?

    Any input appreciated. I understand it is for information purpose only and not many of us are attorneys, so no disclosure required :)




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  • jonty_11
    06-16 02:04 PM
    Thank you rsdang..

    No reason to be shy IVians. The person at the other end of the line is human just like you and it is a part of their job to take our messages and convey them to the representatives.
    Making phone calls is crucial to this process....just do your part...and leave the rest to IV.. They are forcefully pursuing our interests...Please call !!!!!!




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  • H1B2GC
    10-01 10:39 AM
    Here are my thoughts, I-485 application is accepted by USCIS based on priority date set by DOS in order to distribute available visa per country violating the basics "All men should be treated equally".

    Remember, the rules are made by the system not for itself.




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  • PDDec05
    06-29 10:08 PM
    Seahawks,

    Your lawyer is correct in saying that the USCIS will most likely not fix the problem by just writing to them.

    I have been through this stupidity with the I-140 petition. While the case was pending, we found out that there was an error in the application form. We notified the USCIS but they still sent the approval notice with the first and last names interchanged. We wrote again, but they responded saying that it was not a USCIS error, the name of the beneficiary on the approval notice appears exactly as it is on the application form (and what about the supporting documents, you wonder!). So, they asked us to file an amended application.

    We filed the I-140 again, with all the supporting documents, all the fees, etc. and got it approved.

    The USCIS will not fix an error, that you have made, on their dime. Simply writing letters is not going to work - they probably want you to file an "Amended Petition". This is what should have been done in my case when we found the mistake; but we just kept writing letters.

    You should call the USCIS and ask to speak to an expert who can tell you exactly what needs to be done. Also, when the USCIS representative answers the phone, they give you their identification number - take it down for future reference.

    All the best


    nixstorI don't have any input on that, my attorney told me he is busy, he has other applications that flood his office, even if he writes a letter, the wont do anything in USCIS, go for FP and explain to them the situation. He also said I should have looked at it! bummer



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  • milind70
    12-03 08:32 AM
    I had very very bad experience in Mumbai. I had lost my all documents except passport .Keep ur Documents all the time with you no matter what situation would be. Look for good safe hotel don’t go after chip hotel. One more thing keep all your valuables in secured place.

    At consulate experience was pleasant.

    This case u described is common and applicable to any city in world/India so please dont single out Mumbai. It is a fine city.




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  • arihant
    05-23 06:54 AM
    As many of you have been following, there are some provisions that benefit folks with advanced degree in STEM from US universities by exempting them from the Visa quota. I think CIR in its current form has a provision and the Cornyn (4005) and the Brownback (4058) ammendments that are yet to be introduced also have some such provisions.

    My question is, will people who qualify under this category still have to clear labor? If so, then those of us who are stuck in BEC can only wait and watch while those who have cleared using PERM will go ahead. We could transfer from BEC to PERM but this is not as easy as it sounds. We could also apply fresh in PERM (as retrogression will not apply, hence PD will not matter) but this is also not as easy as it sounds for folks who are in 7th year or greater in H1B.

    Any thoughts or comments?



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  • Bpositive
    01-05 12:12 PM
    Thanks. We are answering the 221g questions. Not clear about the format of the "invitation letter" from the sponsor/employer. Should this be in txt format and in the same document as the answers to the other questions? Or can this be a separate scanned pdf...

    Anyone?




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  • yabadaba
    06-25 02:32 PM
    ask the lawyer what he was thinking



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  • i4u
    12-22 10:07 AM
    permfiling have you got your gc? approved and waiting for the card?
    Trying to figure out if all the eb2 05 filers are cleared.




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  • ujjwal_p
    06-10 02:19 AM
    Received RFE for primary applicant (myself) and spouse.
    Please submit evidence of lawful presence from October 1998 until August 17, 2007.
    The documents may include the following:
    A) a photo copy of form I-797 for all extensions and change of status
    B) photo copy of form I-20 or IAP66 school records (front and back) including all school annotations
    c) Photocopy (front and back) of applicant's Form I-94 Arrival/Departure Record

    Below is my immigration timeline

    CLASS ------ VALID FROM ------ VALID TO ------ Comments
    H1-B -------- 5/16/1995 -------- 5/17/1998
    H1-B -------- 5/17/1998 -------- 5/17/2001
    H1-B -------- 12/23/1999 ------- 6/30/2001
    H1-B -------- 7/1/2001 --------- 9/30/2001
    0-1 --------- 10/3/2001 ------ 10/1/2004 ------ Stamped in Chennai
    EAD --------- 8/4/2004 -------- 8/3/2005 ------- EB1 denied 1/15/2005
    0-1 --------- 5/13/2005 ------- 5/12/2008 ------ Stamped in Chennai
    0-1 --------- 4/3/2007 --------- 3/13/2010
    0-1 ---------- 5/2/2207 --------- 5/12/2009

    After 1/15/05 (EB-1 denial)
    - Left the country on 6/15/05 (less than 6 months)
    - During this time, applied for O-1 visa and got approved
    - Got visa stamping in Chennai with O-1 visa
    Do you see any issues with my response ?

    Pretty long timeline and multiple visa types. Not sure how O-1 works and whether it is a dual intent visa. In any case, looks like the RFE is pretty straight forward and they only need the historical documents, possibly because the record is pretty long.

    **- This is not legal advise.



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  • logiclife
    06-22 12:52 PM
    "According to Miller, only about 30 percent of applicants are running into such difficulties."

    ONLY??!! Since when did 1/3 of something become "only"?

    Maybe he should volunteer for a pay cut of 30%. ONLY 30%. See, its trivial little teeny weeny 30%. Its nothing. You wont even feel it. How about that director?




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  • villamonte6100
    10-05 11:03 AM
    Nobody knows but my friend got his green card 2 weeks EB3 Philippines. Filed 485 June 2007.



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  • pappu
    03-05 10:56 AM
    I am an IT consultant



    What is the probable Approval date for this application?


    My details:
    EB2-labor 09/2006.
    I-140 SRC078XXXXXXX(Texas)
    Reciept: 02/27/2007
    Notice: 07/31/2007
    Priority:09/01/2006
    section: Member of professional w/adv degree or of exceptional ability . Sec203(b)(2)

    I-485:# SRC08-008-53-XXX(Texas:2008:eight day from 09/01/2008)
    Recieved:08/14/2007
    Notice :09/11/2007
    Section: Adjustment as direct beneficiary of imigrant petition.

    Finger Printing:12/20/2007

    Could you please add that in your profile as well




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  • meetpravee
    04-19 12:59 PM
    Google for FASA and try to fill in the application for federal aid online. It will most probably be rejected as federal government does not provide loans for foreign students. But you need to fill in this to apply for loan in any major banks like chase, bank of america or wells fargo, salli Mae etc.

    After you get rejection from FASA call any of the major banks and try for a loan. If you have a guarantor in United States with good credit score the loan will easily get approved. Even if you dont have some guarantee, just call these banks and give it a try. Who knows, you may be lucky and you might get a loan.



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  • theperm
    05-07 07:51 PM
    The Employer won`t be touching the I-140 or any other related GC apps.About the time frame for getting same or similar job...I am seriously keeping my fingers crossed!!!!
    Thanks for all the detailed inputs alterego !!!




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  • aph0025
    11-12 10:36 AM
    Thanks a ton, edaltsis. Do you happen to know any good lawyer in and around Dallas? Or anywhere for that mater, who can handle this issue with ease? I did speak to a couple of them here, but I did not get a good feeling about my case from them.



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  • EndlessWait
    06-20 12:05 PM
    My wife's current H4 is valid till Nov. She got her H1 also approved from Oct'2007. She checked the status this morning only on USCIS.

    I'm applying for I-485 and adding her as spouse. Should I file for her advance parole and put her status as H4 in it? What happens to to her H1 approval, if advanced parole gets approved also. Will she loose her H1 status?

    any ideas??




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  • vamsi_poondla
    04-22 03:00 PM
    Good reply. I agree with you

    Though your intention is to help OP, there are certain things that need to be observed especially in this climate where there is lot of backlash against legal immigrants. We have to ensure that we do not provide any ammu to anti's with our comments.

    For an employer to sponsor a foreign worker on H1B,
    First of all, there needs to be a skilled worker position open and available in US and
    2nd that there are no "qualified" US citizens are available to fill that position.

    OP's post goes against both these conditions, Forget about the rest such as bad economy, survival etc.. as per law, Employer has to pack the H1B home if the position is knocked off with a flight ticket and a reasonable relocation.

    No offense to any one but just calling for more caution as we have seen increased number of posts like these.




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  • abq_gc
    09-05 04:48 PM
    While on EAD, what type of entity (LLC, S Corp, C Corp) is the best one?

    It doesnt matter whether u are on EAD or GC. I think LLC is the way to go.




    reddymjm
    12-04 04:52 PM
    I am also flying to Chennai in 2 days.




    neoklaus
    11-14 02:19 PM
    As per my family experience: for my husband and daughter they issued EADs without
    FP 3 weeks befor FP app-t, but mine EAD was ordered, as I've been informed by e-mail,
    in a 4 days after FP was done.

    So, even if Biometricals are not mandatory for EAD, but EAD Card has place for FP on it,
    in some cases they(USCIS) may pretend that there are a requirements( depends from officer)



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