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  • ras
    04-03 11:12 AM
    I do not see any harm in replying to an RFE even if it is late. You should really be pushing your employer and attorney to respond to this RFE at the EARLIEST.

    It might also help to give a reason as to why you were late in responding.

    There is a substantial amount of financial adjustments required. Infact that is the reason why it is being delayed.





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  • enggr
    06-25 10:02 AM
    The attorney sent my I-94 and we got approval until Nov 2010. (this happened in sep/oct 2008)





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  • sriramkalyan
    03-09 03:32 PM
    Hey, i was thinking that he can transfer priority date from EB3 to EB2 ..





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  • rajeshalex
    09-15 03:01 PM
    This month they are prompt and published the date on correct date.
    I cant beleive Eb2 NSC is 2008.

    (Last month I had sent a complaint email to ombudsman since there was a major delay in publishing. My summary was if USCIS is not able to manage a small publishing dates, how will they manage large pile of applications.
    Ombudsman had replied to this email.
    I am not sure this email worked )

    Rajesh



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  • thomachan72
    01-10 06:15 AM
    Hello All
    Similar experience at Mumbai Consulate. Being a full time employee, and after showing all paystubs, employment letter , VO was not satisfied. 1/2 of the time , he was under impression that I was still working for a company, whose visa was stamped in 2008. :)

    Another reason of frustration is they did not check all the documents I sent , which were mentioned in the green slip. Inspite of sending Research Document, I had got the reply saying that I did not send the Past, Current and Future Research Statement. So I resubmitted all the documents again on Dec 23rd,2010 . also added I am not working on any research topic presently or in near future . After that I did not hear back from consulate. So that means my case has been under processing?

    Did anyone get the receipt of documents submission in response to Green Slip?

    Please let me know

    Thanks and Good LUCK

    DResearch statement? Have never heard about that one! Are you a postdoctoral research fellow?





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  • Gundark
    08-26 02:25 AM
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    http://www.kirupa.com/forum/attachment.php?attachmentid=47708&stc=1&d=1219731722



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  • babu123
    06-29 10:10 AM
    What I heard is, 485 packet need to be send to the office where the I-140 got approved.





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  • sobers
    02-08 02:58 PM
    Intel chairman calls for immigration reform (Financial Times/ Feb 7, 2005)
    http://msnbc.msn.com/id/11221265/

    Craig Barrett, chairman of Intel, the world's largest semiconductor maker, called for comprehensive immigration reform to make the US more competitive, during a live question-and-answer session on FT.com.

    Mr Barrett, one of a number of technology leaders including Bill Gates to have criticised restrictions on foreign workers in the US, said the first step in simplifying the immigration process would be "to replace the current arbitrary quota system with an open market type approach".

    The US's H1-B visa allows foreign engineers and scientists to work on a temporary basis in the US but is capped at 65,000 a year. Mr Barrett said this was inadequate: the current quota had been exhausted and there could be no new admissions until another came into effect in October this year.

    Mr Barrett said demand was also greater than supply for green cards that allowed permanent employment, with the cap at 140,000 a year and long processing delays meaning individuals having to wait up to seven years to obtain one.

    "These arbitrary caps undercut business's ability to hire and retain the number of highly educated people in the fields where we need to maintain our leading position," he said.

    "Instead of arbitrary caps, a market-based approach that responds to demand is needed."

    The tabular content relating to this article is not available to view. Apologies in advance for the inconvenience caused.

    Mr Barrett was asked by an Intel employee why his company had stopped sponsoring its workers for green cards between 2001 and 2004. The Intel chairman said this was during the longest and deepest recession in the semiconductor industry. It had been waiting for business conditions to improve before resuming the process.

    "We should just staple a green card to every advanced degree granted to a foreign national from a US university in science and engineering," he said in another answer.

    Mr Barrett also advocated improvements in the US education system to make America more competitive in technology fields.

    "Today, we compare ourselves to our neighbours � California to Arizona, Texas to Florida, etc. We do not compare ourselves to the rest of the world and recognise that the bar of achievement, the level necessary for competitiveness is continually being raised."

    Craig Barrett: America should open its doors wide to foreign talent


    --------
    IV Moderators- please use this information in your presentations.



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  • gomirage
    07-30 02:05 AM
    Why do you need to go to Canada ? If your you have I797 you are approved and can start working with adjustment of status. Am I missing something ?





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  • ramaonline
    09-26 01:43 PM
    according to the regulations, h time counts towards L visa time and vice versa - It is not very clear in the i129 form



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  • sandiboy
    08-28 06:10 PM
    FP Completed today for self/spouse. LUD on 485 applications.





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  • MunnaBhai
    08-10 05:07 PM
    This dude will never reply back. I am sure



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  • gandalf_gray
    06-02 10:13 AM
    Kaiser.
    thx for replying . but I do not want both Visa on Oct1.

    My L1 ends sometime in mid September.
    My H1 would be effective only from Oct 1.
    So, during this time I will be out of status right ?

    So if I do my L1 Extension, I might solve the problem.
    But Will doing that affect the approved H1 ?

    Pls. help. thanks.





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  • diptam
    02-18 02:38 PM
    Any H employer is supposed to pay the minimum wage to the employee , so paystub seems natural in this process. But if you are genuine and just missed the paystubs for some reason you can send some alternatives :

    a) Timesheet signed.
    b) benefits confirmation ,
    c) email correspondence to indirectly prove that you were working in H1 status and getting paid

    Hope this helps


    Is paystub needed When a person is on H1B and is out of project when AOS on 485.



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  • Rohan99
    10-29 01:27 PM
    thanks for reply,
    One more query..If H4 visa has expired but I have H4 extension till 2009, can I get H4 stamp in India.
    My case traveling in Jan to india, My H4 was expired but I have extension. Can I get it stamped as H4. I will be appying for EAD in Nov 07.

    Thank you..


    Applying for EAD does not invalidate your H4 status. If you travel outside USA without AP and you don't have a valid H4 stamp on your passport, It is considered abandoning your AOS. Hope this helps.





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  • aamchimumbai
    08-05 10:03 PM
    it was pending..pls check the PM I sent you.

    Thanks for your PM. Is it possible for you to provide additional details so that I can analyze your situation vs. mine.

    I sent my I-485 application thrice to NSC and they returned my package. Although, the response rejecting my application was received from TSC, how funny!!

    Anyways. I am hoping for dates to move forward in both category in Sep08 bulletin.



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  • ubetman
    08-04 03:14 PM
    Thank you guyz for your responses.

    I understand if G-28 forms are not sent, then all correspondence will sent to me which is good. But my concern is what if my lawyer signs the forms as a representative and not sending G-28 forms to represent the case.

    This is the process which i have gone through:

    1. My lawyer sent the questionnaire forms for 485/131/765. I filled the forms with my personal information and sent them to him online.

    2. He made the necessary corrections and filled some gaps and sent them back to me for my signature. At the end of each form his name and address is printed as a representative of my case. He asked me to send all the forms signed along with reqd. documents.

    when his name and adddress is printed and he signs the forms, then it shows he is representing the case. Then he has to send G-28 forms for each form I guess. If he didn't signed the forms as a representative then I guess all correspondence comes to me but my concern if he signs the forms but not sending G-28 for each form, then I guess I am in trouble for not sending G-28 forms...am I thinking correctly...suggestions plz...

    My lawyer is not that responsive. He always says(pretends) that he is busy(not sure though)..I send an email but no response yet. If really G-28 forms required and if he sends the packet without them, then as per USCIS my application will be rejected right away. No time to reapply also.

    thanks in advance....





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  • immilaw
    09-27 09:00 AM
    Hello,

    I am in serious trouble. Sometime ago I tried to switch my I-140 from EB3 to EB2. Now I get NOID to deny 140. Something related to prevailing wage (lawyer has actual letter). In my LC the offered wage was OK for EB3 but low for EB2. Lawyer says he'll try to reinstate EB3, but not sure. Has any one of you been able to reinstate EB3 140? Please help...

    Ask the lawyer to give you a copy of the RFE.





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  • xbohdpukc
    03-15 05:17 PM
    As per my attorney, the provision of using I-140 date is for an individual. Employer's revocation has no impact.

    As per Adjudicator's Field Manual:

    If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions.

    The key word there is APPROVED. One might argue that since a petition has been revoked, it's no longer approved, therefore the clause cannot be used for a PD recapturing. There might be another argument stating that if an alien has ever had an approved I-140 petition and never used the attached priority date then he/she is still eligible to recapture that PD. This is a huge wiggling space for the adjudicator and I don't think there is a clear explanation from the USCIS.

    You can always hope for the best and get ready for the worst.





    indianabacklog
    06-27 08:56 AM
    If an A# has been assigned it will be in the beneficiary box of the I140 approval notice. Not everyone has been given one it would appear. If you have not leave that box on the forms blank.





    mbartosik
    03-28 11:10 AM
    For nationality/changeability a ROW category is needed.



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