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  • nixone
    07-30 09:50 AM
    It was an audited PERM?

    I looked at your signature timeline and it says "LC denied due to date missing on ad portion." Could you please clarify what happened? My job ads are running right now for PERM LC and not sure what I need to keep from the newspaper ad.

    I have taken screenshots of Job Order, Yahoo HotJobs, Professional Organization, University Placement etc. I hope the screenshots showing the ad and all the dates would be good enough.

    Did they send you RFE for all the job ads and is that how they found out the date missing? I did not know people get RFE for job ads. Thanks.





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  • bestin
    06-19 02:38 PM
    Thanks for responding so quick.I thought its not upto us to prove as it is in their records.Dont you think that they will acknowledge Bachelors+5 yrs exp equivalent to Masters based on this?

    My labor didnt mention Masters either.


    http://law.justia.com/us/cfr/title08/8-1.0.1.2.8.0.1.5.html



    (k) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. (1) Any United States employer may file a petition on Form I�140 for classification of an alien under section 203(b)(2) of the Act as an alien who is a member of the professions holding an advanced degree or an alien of exceptional ability in the sciences, arts, or business. If an alien is claiming exceptional ability in the sciences, arts, or business and is seeking an exemption from the requirement of a job offer in the United States pursuant to section 203(b)(2)(B) of the Act, then the alien, or anyone in the alien's behalf, may be the petitioner.

    (2) Definitions. As used in this section: Advanced degree means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate. A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master's degree. If a doctoral degree is customarily required by the specialty, the alien must have a United States doctorate or a foreign equivalent degree.





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  • GCNaseeb
    10-17 11:03 PM
    What's going on?





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  • bluekayal
    09-19 02:17 PM
    I am in a tricky situation. Filed concurrent I-140 and I-485 (Schedule A Group 2..exceptional ability in the arts and science) ... 8/2006.
    In the meanwhile a labor cert as well- PD 8/ 2004 was approved in 2006 and I recieved an updated I-140 using the old priority date, ie. 2004. Now after 2 years the TSC is adamant that my PD is 2006 not 2004 and have given me yet another "corrected" I-140 with 2006 PD.

    One lawyer said I could cite "affirmative misconduct" and request the supervisor of the I-140 section to consider and accept the late filing on the basis of affirmative misconduct. If not for the earlier I-140 with 2004 PD we would have filed another I-140. So their affirmative mistake cost us 2 years in a category so backlogged already. (I am EB 2 India).


    My lawyer says we will not win and does not want to do it. Any advice?



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  • sathyaraj
    11-14 01:16 PM
    My opinion is not to waste to get the replacement EAD as it is already approved. As per my understanding most of the employers do want only the copy of the EAD card for verification purposes. My wife was never been asked EAD card when she was attending interviews. They needed only copies.

    Also if you still want to apply, see whether you can apply for renewal card so that you would atlz get an extra year from your current card's expiry date.

    It is better to inform USCIS though just to prevent any possible identity theft.

    P.S. I am not a lawyer. This is just my thoughts!





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  • ivgclive
    04-23 03:51 PM
    I haven't received it yet. I was looking for anyone who had a similar situation. Why would they require more evidence for a 3 year old boy??? They approved the rest of my family yesterday and sent cards for production notice but my 3 year old got an RFE.

    Who told you that RFE's are only for ages 10 and above?

    They have rights to send RFE's to an infant, asking what star he/she was born in.

    Do not create a thread untill you get your RFE at your hand.



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  • amitpan007
    06-21 10:15 AM
    I did it few years (i think 4-5yrs) ago at CGI - SFO and it took about 4 weeks.





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  • snathan
    07-23 11:43 AM
    I would advise you to minimise the risk rather than money. May be you can start the GC for future employment. It will take time to do the PERM process and in the mean time you can complete your current project also.

    1. Start the H1 transfer and GC process now itself.
    2. Stay with your current employer until the project is over.
    3. Take the money and join the new company at end of six month if everything goes smooth.

    By doing this you get the money and also minimise the risk with new employer. But you need to get the consultant who is ready to do this.



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  • cdeneo
    01-08 05:53 PM
    If one has applied for AOS and received EAD/AP in the maiden name, should one wait or just get the name changed before I-485 is approved?

    Once the name has been changed on the passport and SSN, what should be done to get the name changed on the AOS application and EAD/AP?

    I would really appreciate your insight into this - Thanks!

    If you decide to change the last name and if you plan right all of it can be done within 1 week (speaking from experience. changed spouse's last name after 2 years of marriage and it was damn easy).

    First plan where changing it is priority..something like:

    > Financial (Banks, credit cards, brokers etc.)
    > US Govt Agencies
    Immigration (Since you have applied for AoS, might wait)
    SSN
    IRS (will be changed with a new return)
    Local towns (only if necessary)
    DMV - License
    > Passport
    > Workplace

    then let the spouse make a notarized affidavit that says that she is making the declaration that I am the same as "old name" and "new name" and that I am making this declaration to change the name in official records, agencies etc.

    Put new and old signatures and notarize it. Take the affidavit, marriage certificate (assuming that marriage is the reason for change) and then it is a simple cakewalk whereever you go.

    SSN as others mentioned would be the first step, second comes passport, with both of these in new name, DL is easy.

    The more you wait wider would be the penetration of the old name. That said if ones spouse wants it changed and doesn't do it now, guess will never do it. Sometimes it is only a mental block that it would be tough...thousands get married, thousands change their name. It is a well known issue ;)

    Good luck !





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  • hoolahoous
    04-07 10:57 PM
    I depends on you, how much risk you want to take ... I can tell what happened with me ....

    Initially, I was working of a small consulting company and left them after few months. Although, there was nothing in the contract prohibiting me from doing this. But they filled a lawsuit against me for all fake things. I had to hire an attorney to defend myself, who was quite expensive. In end, I was forced to settle after paying like 10K, cost of lawsuit would have been huge. BTW, I did consult an attorney before leaving and there was nothing I did, which was not legal. But ultimately it just didn't make a sense to continue fighting it and spending 15-20K in attorney fees.

    I do not intend to scare you or suggest if you should go ahead or not. Just that make sure you cover yourself

    sounds fishy.. if there was nothing wrong from your side, you could have won and claimed all legal fee from your x employer



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  • HRPRO
    02-23 10:33 AM
    Carry the following
    - As many past W2 as you can
    - Atleast last 6 paystubs
    - All your previous H1B which shows you were always in status
    - Current H1B if applicable
    - Letter from HR of current company stating that you are a full time employee if applicable
    - Copy of 485 receipt notice if available
    - Copy of 140 receipt notice if available
    - Copy of Labour if available

    Plainspeak,

    I dont think he/she is going for his/her stamping, so I dont see a need for all the other documents listed. Depending on the flight being taken, a transit vis may be necessary





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  • macrosky
    06-14 07:11 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?



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  • ram_nara303
    01-08 01:53 PM
    I was in the same situation where I came on B1 and then moved to H1 after a years wait here. Ultimately got my EAD and AP. Still i was reluctant to travel down to INdia, but had to do to attend a marriage of my wife's brother. So finally after 8 yrs, I went to India and I took all necessary documentation including AP, 485 receipt, H1 approval notice, paystubs. Getting through IAD was a breeze and did not take more than 10 minutes. So don't worry and as long as your AP is valid, you should not worry much.
    :)





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  • grupak
    11-21 11:15 AM
    Happy Thanksgiving!



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  • gc_mania_03
    08-28 02:49 PM
    I am curious: What is Biographic page of Passport? Is it just the first page and the last page where you have all the info about you and home address etc...???

    My understanding is that it is first 4 and last 4 pages. (here pages include the inner hard cover side ).





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  • arihant
    06-14 01:10 PM
    Yes, you can keep EAD and H1 at same time..

    As far as I know, you can keep H1 and EAD. However, you can only use one or the other for the same job with the same employer. In other words, if you use EAD (by submitting I-9 with the employer) then your H1 is automatically invalid. However, if you never file I-9 with the employer, you can keep EAD.

    Some have also said that you can use your EAD for a second job (say part time consulting on the side), while still using your H1 for the original job. But I not sure about this part. So, please do not take my word on it without additional research.



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  • gcnirvana
    04-23 01:00 PM
    johnifanx98,
    Please update the link. It doesn't work.

    Thanks!

    http://www.immigrateusa.us/index.php?option=com_content&task=view&id=866&Itemid=63





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  • ragz4u
    04-09 08:42 PM
    The core team is looking for some volunteers to help us with a few tasks

    What is expected of volunteers

    1) Loads of motivation
    2) 15 mins of time per day
    3) Ability to call someone and send emails on behalf of IV
    4) Strong belief in what we are doing and what we are trying to achieve

    I know some of you have contacted me or some other admin in the past offering to be volunteers but unfortunately we were really busy and may not have been able to get back to you.

    If you believe that you can help IV, please send an email to shrey@immigrationvoice.org, sandeep@immigrationvoice.org and nagaraj@immigrationvoice.org with the subject line

    Willing to volunteer from <State name> state

    Thanks
    IV team





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  • Canadianindian
    07-06 11:17 AM
    http://www.washingtonpost.com/wp-dyn/content/discussion/2007/06/30/DI2007063000525.html
    Please post on the question on USCIS/DOS mess up, if there are enough people asking the same question then they migh answer it


    What questions are you asking, and we can ask same questions.





    nath.exists
    11-03 04:17 PM
    shilpi,you dint have to respond if you found my questions dumb. Please refrain from judging my post. A couple of the questions might look repetitive but i seriously need help with those issues before filing for cross chargeability.





    CaveMan232
    10-25 04:48 PM
    Dear Admin, sincerely appreciate your encouraging words. 10+ Yrs in the country and another 10 yrs to go before seeing the light appears to be highly depressing considering current economic uncertainities.
    If it wasn't for the patch up by Immigration dept in 2007, this country would have seen Indians forced to head back home by the 10000's. And those that were fortunate enough to retain jobs or move on to new ones by porting AC-21 are forced to stay in the SAME role with no relief coming from the Govt for AC-21 which would then allow them to get promoted or recognized for their hardwork. Imagine the shock my boss had when I had to refuse promotion as that would jeopardize my GC(expected to be approved in the next 10 years)? And if that doesn't bother you enough, then once every 2 years(thankfully EAD is now valid for 2 yrs), you start fasting and praying that your EAD gets renewed without issues. You get the drift now, don't you?
    And that is not to say I do not acknowledge the efforts your team has been putting in. I, along with the many 1000's, truly appreciate the selfless and noble efforts your team has been constantly putting in to bring about bigger changes. THANK YOU!!