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  • dummgelauft
    05-15 09:45 AM
    Hey, what you think or say does not matter. This is what lawyers are for, go hire an attorney.
    Oh! I might have forgotten that you might be working for a desi consultant, who will pad your resume to make it look like Kernigan's or Ritchie's. ..maybe they can qualify you for EB-1...




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  • tnite
    08-03 11:40 PM
    I received a NOID (Notice Of Intent Deny) from USCIS.
    Reason: The Form I-693 is incomplete that there is no evidence that the required TB skin test has been conducted or any annotation from civil surgeon stating that this test was medically inappropriate. Therefore we are requesting that you submit a new form I-693 which indicates that the TB skin test has been administered along with the results.

    I called the surgeon who did my medical exam in 2005, they said that during that time, the TB skin test is optional and they had done only x-ray test instead of skin test.

    When I told the doctor about this NOID, he said they I can take only the skin test and they can attach the skin test result with the existing I-693 form and mail the sealed envelop to the USCIS.

    Do you have any idea at what stage the NOID is issued? Am I close enough to get 485 approved?
    Did anyone faced a similar situation like mine?

    It doesn't matter when NOID is issued. All that matters is TB test, get it done as fast as possible.




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  • morchu
    05-10 09:41 PM
    Maybe somebody else from here can answer from their experience. But here is what I know from my readings in USCIS press releases related to the infamous July Fiasco.

    1.
    On July 23rd USCIS published a QA and it specifically addresses the issue regarding Fee.
    ==========================
    Q7: Which fees apply to I-765 and I-131 applications associated with AOS applications filed on or after July 30th under the July Bulletin?
    A7. The fee of $180 for Forms I-765 and the fee of $170 for Form I-131 will remain in effect for those aliens eligible to file an employment-based adjustment of status application pursuant to July Visa Bulletin No. 107. These fees will remain in effect for all such applications filed between July 17 � August 17, 2007.
    ==========================
    You have to keep on paying the fees for i765.

    2.
    What is the confusion here? Do as what the instruction says. It is pretty elaborate.
    Copy of your respective passport pages.
    I think there was some wiki's somewhere listing the documents to send for EAD.

    3. Do as the instruction says.

    HI
    I am planning to file a for a fresh EAD or new EAD.
    I had filed 485 on 08/06/2007.

    Now I have the following questions:

    1) I am confused about the filing fee for EAD. Some say Filing fee is dependent on your 485 filign date.
    For example, on usics website under 'Special Instructions' it says (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D)
    "If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date."
    Does that mean I donot have to pay any fee to USICS for EAD application?

    2)What are the documents I have to submit along with I-485 receipt, I-94 copy & 2 photos?
    On the I-765Instr document it says
    "You must submit a copy of your Federal Government-issued identity document, such as a passport showing your picture, name and date of birth; a birth certificate with photo ID; a visa issued by a foreign consulate; or a national ID document with photo and/or fingerprint.The identity document photocopy must clearly show the facial feature of the applicant and the boigraphical information."
    Which document I should provide as per the above statement?

    3)What is the EAD application current processing time for Nebraska as I am in California and have to apply to NSC(Nebraska)?

    Thanks in advance.




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  • babu123
    05-03 03:05 PM
    EB2 Non Premium

    I 140 , Date filed: Sep 20, 2006
    Date Approved: Oct 4, 2006

    Only in 10 business days.



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  • singhsa3
    08-19 10:13 AM
    Admin/Moderators and other distinguish members,
    Can we use this site for networking and socializing with people in similar situation and/or sharing similar vocations....
    This would mainly include invitation for a public gathering and encourage others to come forward. Examples of nature of such public gathering:
    1. Say people in finance sector meet and exchange thoughts
    2. Religious in nature but will not be solicitation.
    3. General meeting etc...
    What do people in this forum think?
    Thanks




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  • pranju
    05-29 09:04 PM
    Donot forget to send the webfax :)



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  • anilsal
    03-17 04:29 PM
    From http://www.murthy.com/eb1opr.html

    if employment is from an academic institution, it needs to be a tenure or tenure-track position. If from a company, the employer should have in its employ at least three full-time researchers and have documented achievements by the company or its research personnel.




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  • meridiani.planum
    07-09 01:05 AM
    One bad day, my employer just realized that I was overpaid $8000 over 2 years. When I was with the company, I was told it was accountant mistake and I don't have to pay anything. It was all verbal so I don't have any witness.

    After 2 months, I quit with 2 weeks notice.
    Now he wants $8000 back or he won't pay my last 2 weeks.

    I am on EAD and don't know what to do?

    Can anybody advice?

    Since you agree you were overpaid, isnt paying back the 8k the right thing to do?

    Regarding your salary, you can tell him that unless he pays you, you are going to complain to DOL. Last thing he would want is a DOL audit. As he was your H1 sponsor, he is obligated to pay your salary. Cant escape that unless he can prove that the 8k is somehow an 'advance' on your salary.



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  • prdgl
    02-10 10:32 PM
    Thanks for the suggestions.

    I have been breaking my head with this for quiet a while.

    But what Ulterior motive can my employer have. Is he trying to lock me up with his company for years, becuase if he doesn't give me a copy of LC or I-140 then I can't really change jobs which is not nice.

    Also i heard that if "I" pay the attorney rather than my company paying, I will get to have a copy of what ever i do with my attorney. Is that right ? My current employer pays for entire GC while the new employer asks his employees to pay for it.

    Also do you know which is more difficult to get approved EB3 or EB2 without raising any red flags ? I am trying to understand which one is safe to play.

    Thanks




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  • USCISSucks
    11-14 01:34 AM
    Before 180 Days for those 140 approved
    Do a H1 transfer and extension to new company which you like..
    (don't use EAD with the new company)
    Stay with the present company for some secondary part time job just not to get him mad (or take a vacation)
    2 months would fly when you are making now decent money...

    do whatever after 180 days.

    I spoke with my Lawyer on this approach and says he doesn;t see any issue with this since I140 approved..

    otehrs who have answered favourably please let us know if anybody did this?



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  • gemini23
    08-02 01:35 PM
    Sanju,

    This is indeed related to immigration issues, as many people have to get birth affidavits from india to usa and other places. I dont see whats wrong in using IV to discuss this courier issues.

    Also, I dont know why would you link this with DC rally. I assume in good faith that people are going to show up at rally if they can, based on their circumstances.

    Please do not make generic negative assumptions.

    Peace.


    People have started using IV forums to report any issue with customer service. Guys, grow-up, participate in IV activity rather than screwing the effort of few good people. I am sure that people who posted on this thread about DHL/UPS/FedEx are not going to show up at the DC rally. Why are you guys wasting the bandwidth and at the same time killing your time? Wish you all the luck in finding something better to do.




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  • OLDMONK
    07-18 09:19 PM
    I think if you got the I-140 approval before mid-August you should be able to apply for AOS. If I were you, I would keep everything (birth certificates, medical exams, photographs, etc) ready and even the application forms completed.

    Approval is not happening before Mid August. I am 100% sure. I know it sounds Brutal but is the truth, specially when USCIS stopped premium processing of I40's. Approval will take 8-10 months. Getting a receipt, yes its a possibility.



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  • gcwanter
    06-27 08:45 AM
    So should i write N/A for a pending 140?




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  • pappu
    05-19 01:56 PM
    Congressional Reply says that the applicant is pending completion of background check. Previous congressional reply was that the name check is completed.

    AILA is not getting any response from USCIS as per the lawyer.

    How to check on the status of background check.


    It is really surprising

    - 2 Congressional checks revealed 2 different answers
    - Lawyer organization AILA not getting response from USCIS.

    I am sure you would have called customer service and after not getting satisfactory response, pursued other options



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  • Bpositive
    12-05 12:20 AM
    "On December 4, 2009, we ordered production of your new card. Please allow 30 days for your card to be mailed to you."

    My PD was Dec 4, 2004. EB2. Exactly 5 years from PD and over 10 years from first entry to US. Getting stuck in the BEC backlog and my wife getting stuck in India with 221(g) were among my most painful experiences through the journey. And not being able to take a fabulous offer at double my salary in 2007 hurt too.

    Thanks for all the support. And congratulations again to the leaders of IV for creating a platform for Employment based GC applicants.

    Feel free to contact me if you are starting high-growth businesses and need someone to bounce ideas off. And of course I am happy to help with IV initiatives to clear EB backlog.

    Bpositive.




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  • kshitijnt
    07-29 03:09 PM
    I filed my I-485 on Aug 13, 2007 (Received date) under EB3 ROW (> 180 days). My I-140 was filed for job "Systems Analyst". I am now being offered a job as "Director of Development" managing the development process along with 30-40 people for another company. I know this theme has been discussed and has risks but would it be OK to take the job. I have approved EAD and AP due to expire on Nov 21 (will renew tomorrow just in case GC does not get approved by then). Has anyone been in this position? I have valid H1-B visa and have not used EAD or AP.

    Any advice highly appreciated. thanks!

    While I am not a lawyer, I would have a few questions:

    1) Is your I140 approved?
    2) How many years do you have on H1?

    If you have time, discuss with the attorney/law firm of the new company. If they can certify the job is similar to your previous job, no questions.

    2) Otherwise, I would definitely take this offer, file H1 transfer, start GC/Labor/I140 again.

    The second step works well if you have atleast 2 years left on H1. Technically, you may know, you need to file the labor 365 days before your H1 expiration date, but you know attorneys and perm process will take sweet 3-6 months, so please plan accordingly.

    3) Defer the offer by 3-6 months (But this is fraught with risks). If you dont get GC in this time frame, you will lose the offer.

    Depends on what is more important for you? GC or better opportunity? Only you can decide.



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  • kawosa
    08-19 01:11 PM
    I hear you, I've been in this country for last almost 10 years now. Came here to do my MBA too. The journey that began on Aug 2, 1999 is still continuing as of Aug 19, 2008... Anyways, best of luck to both of us.

    and again... congrats for passing today...
    go party and hope you have a great time :)




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  • Ingerried
    04-14 04:12 PM
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  • Ann Ruben
    04-17 02:21 PM
    Under the US immigration system, non-US citizen applicants for admission to the US have the burden of proving to the CBP officer at the POE that they meet all of the requirements for admission in a particular visa category. The fact that USCIS has approved a petition or that a Consul has issued a visa is evidence of admissibility, but is not determinitive.

    Thus, if a B-2 visitor is unable to prove that she is a bona fide visitor with plans to return abroad to an unrelinquished domicile, the CBP officer has the authority deny her entry. If the applicant has a visa (as opposed to applying to enter pursuant to the visa waiver program), she has the right to request a hearing before an Immigration Judge. However, she could be detained in immigration custody for several days or even weeks waiting for the hearing.

    A similar problem would not arise for someone with a valid H-1 visa because H-1 visa holders are not required to have a home abroad to which they intend to return. However, there could be other reasons for an H-1 visa holder to be denied entry such as a minor criminal record or suspiscion of immigration or visa fraud.


    Ann




    ivjobs
    11-09 01:48 PM
    Just to keep the ideas about entrepreneurship and the group activity floating at a central place, a file has been created in the group. Any one who feels their ideas, thoughts and proposals are worth and benefit the VI entrepreneur community, please add them below. The team will review them frequently and try to implement as many as feasible in the best interests of the IV and the group.

    Compilation of some of the ideas/thoughts already proposed by the entrepreneurship group members:

    1. Create a Charter which describes our activities,what we want to do,
    roles, responsibilities, How to address issues and conflicts among
    members etc.

    2. Establish a core team/board who will report to a chair and is
    ultimately responsible for policies, actions etc.

    3.Identify and assign responsibility to individual members

    4.Clearly identify the chain of command (whose responsible for what
    and who does final decision)

    5. Also assign the charter/board to come up with a business plan, do
    investment analysis etc for the group.

    6. Chalk out any short term and long term initiatives such as
    attracting and retaining folks, managing day to day affairs, sharing
    the wealth of knowledge and profits.

    7. Should we register a ivstartup.org domain?
    its 9.99/yr at godaddy, so that we can move from an informal setup
    like yahoo groups to a more formal setup...with our own forum and
    all..

    8.Also to meet the cost...lets have a $1 as a yearly fee (or 50
    cent/month) or 10$ life long membership....that will cover the cost
    of hosting.

    9. Like the one proposed on IV about Housing Crisis and speedy green card approval for buying houses, why not we propose an agenda for speedy green card process for I 485 pending and aspiring/existing entrepreneurs?

    10. Create a shared repository for the all the startup related information specifically targeting IV audience.

    Please add in your thoughts to the above or visit

    http://finance.groups.yahoo.com/group/ivstartup/files/




    aamchimumbai
    05-17 03:11 AM
    How long did i take for you to get the vaccinations ? I mean were you done in a day.

    Thanks


    I just posted another alternative to saving on the vaccines:

    http://immigrationvoice.org/forum/showpost.php?p=87048&postcount=20

    Basically, if your county health dept has a program, they can give you vaccinations for dirt cheap prices. I paid only $10 per person for Td & MMR :)



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