Sunday, September 11, 2011

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11-08 12:06 PM
Hi Guys,
I am planning to Visit in Jan. How soon should I or can I book an appointment? I can go to any consulate...

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11-15 08:31 AM
2. If I don't loose my H1B status, I am planning to transfer my H1B in Feb 2010. Will there be any problem in H1B transfer.

If you read along the same lines....

Thank you roseball. What is H1 COE?

COE = Change Of Employer

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07-30 03:47 PM
but you need to improve

Take it as fun...:D

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04-22 11:47 AM
There is absolutely nothing strange in the RFE that you got, it is as vanilla a RFE as it can get.

Just mention the duties and the title as they are in your Labor Cert. do not mix the H1-B title/duties with this one.

That said, there are several resources within the forums where you can get specific info on how to answer these !

Good luck :)


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05-22 12:25 PM
I also think this is a good idea, 10 days will not make much difference. Please help other members people.... Who knows, if there are too many applications USCIS might decide to not move dates in the July Visa Bulletin.

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12-05 09:10 AM
Hi All,

We wish to apply for PIO card for our 5 month old baby at the Washington DC Indian Embassy.
The application and the supporting documents are all in place.
We have to drive 3 hrs to the Indian Embassy.
Since the weather is not very co-operative, i was wondering if it's absolutely required to take the kid to the Embassy? I would like to avoid taking him if possible.

Also, a minor question - how do you manage to get the thumb impression. Where can we get the ink pads required for the thumb impression?

Thanks All.


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03-09 07:33 PM
if you have your I-140 approved then you should be ok, provided your earned more than the prevailing wage for that year.

Even if you have I-140 approved, if the salary at the time you filed I-485 was less than the prevailing wage, they will examine again the company's ability to pay.

My I-140 was approved in 2006 and back then my salary was enough to prove the company's ability to pay. However, I got a NOID in my I-485 and the officer is asking to prove ability to pay again.

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07-31 02:01 PM
Six flags can make lot of money by basing a dangerous and wild ride based on VB dates Graph. :)
They will have to put just one warning.
"Beware: Once you start the ride....
Only luckiest of you will be able to get out safely.
Most of you will be on this ride which has an endless loop.
Only real option for people who would like to end the ride would be to jump from the ride. We are certain there will damages but we are not responsible for them.

And yes we intentionally put this warning after the start of ride. Otherwise you wouldn't have decided to ride on it.


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03-18 04:27 PM
I Have my EAD card but my spouse was in India when i applied for EAD. That mean she doesn't have EAD card rite now.

Can she get EAD or SSN?

Pls help.....

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02-09 11:40 PM
Your emergency is in India not in the US,so am not sure how you can provide the consulate in India a valid reason to travel back asap. If you have a valid reason to return to the US asap then make sure you have the supporting docs.


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02-13 03:41 PM

Need a little advice. We (my husband and I) filed our 485 on July 2 under EB-3and have received AP, EAD, FP etc. Our PD date (July 7, 2001) got current in the March bulletin:). I wanted to check if there is way to find out if our cases have been adjudicated and are ready for approval as and when a visa # is allocated in March.


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07-16 10:42 AM
You need to hand over the I-94, only when leaving the country. No need to send it. If you didn't hand over, you need to send it. Always to have AP, if you want to go abroad or emergency travel, if your H1/H4 stamping in the passport is expired. USCIS prefer AP over other visa document when you come back from abroad (if you filed I-485).


My wife has entered the US as H4 and her i-94 is expiring end of this month. she has now moved to AOS (using EAD). DO we have to sent her I94 somewhere or simply hold on to it and return it whenever we leave the country.
Does her AP has to be applied before end of this I94.




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03-05 08:53 PM
We cannot justify the opposition to price increase as INS expects the fees to be paid by employer. So if needed employers can oppose not the employees. Only fees the candidates expect to pay is citizenship fees and all other immigration related fees should be paid by Employers as they are sponsoring gc

USCIS fees cover none of the activities you mentioned.

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07-17 02:26 PM
My attorney filed my I-485 on July 5th despite the July Visa Bulletin Update. We filed it together with the work permit piece, but not the AP one. The legal assistant told me that we must have an I-485 receipt notice on hand before we are able to submit the application for an AP. Is that correct? The reason I ask is that, in the event USCIS decides to accept July-filed I-485 applications, I wanted to take advantage of the lower filing fee before July 30th. Please advise!


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04-08 05:54 PM
Is someone working to fix the issues with the IV Tracker? It is such an important tool, but still has bugs to be resolved.

When you try to restrict by country or Country of charge, it doesnt bring back any results.

Also, if you try to sory by priority date, the sorting doesnt seem to work.

Yes we are working on it and will be enhancing it. Please keep adding your details to it.

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03-02 03:01 PM
You have a lot of suggestions in there let me try and respond:

(1) Yes, we do have the ability to get in touch with our members by email. However, mass emails are a strategy to use when we want to launch a massive drive. We do send out regular newsletters, urging members to take action.

(2) We are working to make our webfax feature more transparent. I like your suggestion about letting people know how easy it is. Will try to get that in.

(3) About a concerted membership drive: I agree and we do have an ad running on Rediff; We are also trying to reach out to large organizations like NetIP.

(4) I think it would be counterproductive to charge a membership fee.

One of the big problems that any voluntary organization faces is that there are usually a lot of people with non-specific ideas and not enough people who will take an idea, come up with an action plan and execute it. We need many, many more volunteers who just take the initiative and execute.

We'd love it if you could help us by coming up with a concrete plan and execution strategy for any one of your suggestions. From idea, to steps to delivery.

I urge all the type-A get-things-done people out there to swing in to action!



Appreciate your response, will get the wheels moving from my side and contact you with any strategies I can come up with.

Can you please send me an pm with your email id please.

Thx !


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02-08 02:13 PM
I think u should talk to new lawyer abt retaining application and pursuing on the the one with Co X....even though it was acquired. by long as ur location did not change. If u had a clause stating that ur Job is relocatable u should even be able to retain Co X;s application even though u moved after teh aqisition

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10-08 11:13 AM
Sorry to hear about your situation.

Take a look at Go to the nreaking news swction. They have a great piece on I140/I485 portability.

I have also pasted it here in case you dont get to the website

All the best.

10/08/2007: I-140 Portability After 180 Days of 485 Filing and Service Centers Standard Procedure of Review and Adjudication

When there is a retrogression of visa numbers and anticipated long delays in 485 adjudication due to the massive July VB fiasco 485 filings, it is anticipated that there will be a substantial number of 485 applicants who may have to change employment along the way, either voluntarily or involuntarily, under AC 21 Section 106(c) provision. Accordingly, whether one reports the change of employment proactively or not, one should learn the internal review and adjudication procedures within the Service Center which are adopted by the adjudicators in adjudicating such I-485 applications.
The good material to review on this procedure is the USCIS Standard Operating Procedure for the adjudicators. The SOP states that "If the alien is using the portability provisions of AC21 106(c), the adjudicator must determine that both the ported labor certification and the ported I-140 are still valid under the current employer, especially in regards to the continual payment of the prevailing wage, similar occupation classification, and the employer?s ability to pay the prevailing wage."
(1) Prevailing Wage Payment: The AC 21 106(c) does not specifically require that the new employer pays the prevailing wage or higher wage for portability. However, the adjudicators review the wage as part of their determination of "continuing validity" of the ported certified labor certification application and I-140 petition. When the applicant stays with the same employer without changing employer, payment of wage less than the prevailing wage should not present any serious issue inasmuch as the employer establishes that the employer was financially able to pay the prevailing wage and is continuously able to pay the prevailing wage until the green card is approved. However, when there is a change of employer who pays less than the prevailing wage, there is no clear-cut rule with reference to this issue. Payment of less than prevailing wage thus potentially can raise two issues when there is a change of employer. One is the adjudicator's argument that there is no continuing validity of the labor certification or I-140 petition. The other is the argument that different wage reflects that the labor certification job and the new job with the new employer are two different occupational classifications.
(2) Similar occupational classification issue: The similarity of the two positions involves not the "jobs" but "occupational classification." Accordingly, the old and new positions do not necessarily have to match exactly in every details, especially specific skill sets. Currently, the USCIS is looking up the Labor Department SOC/OES classifications of occupations. When the two jobs fall under the same occupational classification in the DOL occupational definitions, the two jobs are generally considered "similar" occupational classification. As long as the two jobs belong to a similar occupational classification, the applicant can work for the new employer anywhere in the United States. There is no physically location restrictions.
(3) Employer's financial ability to pay the wage: Again, AC 21 106(c) does not specifically require that the new employer must prove that the new employer has and will have a financial ability to pay the prevailing wage. However, the adjudicators appear to review the portability case considering the new employer's ability to pay as well as part of review of continuing vality of labor certification and I-140 petition.
Remember that when there is a portability issue, two things can ensure. If one proactively reports the eligibility of portability meeting all the foregoing requirment, the adjudicators are likely to decide the pending I-485 application on the merit. However, if the 485 applicants do not report proactively change of employment and the USCIS somehow obtains information of the alien's change of employment, for instance, by employer's report of termination of employment or withdrawal of I-140 petition or substitution of alien beneficiary, then 485 applicants are likely to be served a notice of intent to deny I-485 applications or in most cases, the adjudicator transfers the I-485 file to the local district office for interview.
In AC 21 106(c) portability situation, the adjudicators also review the issue of the continuing validity of labor certification and I-140 petition involving the original employer, and are likely to raise similar issues which are described above. However, when the alien ports with the "approved" I-140 petition with a copy of the last paycheck and W-2, the adjudicators rarely revisit the original employer's foregoing issues in determining the 140 portability issue. The issues are raised when the alien ports before the I-140 petition is approved. Under the Yates Memorandum, when the alien ports before I-140 petition is approved, the alien has a burden of proof that the I-140 petition was approvable. Accordingly, inasmuch as I-140 petition was approvable and the alien ports after 180 days of I-485 filing, even if the original employer withdraws the I-140 petition, the pending I-485 will not be affected. Yates Memorandum indicates that in such a circumstance, the adjudicator should adjudicate the pending I-140 petition and if finds approvable, then recognizes 106(c) portability and continues to adjudicate the pending I-485 application. Without doubt, in the foregoing situation, the adjudicator will intensively and carefully review the issue of continuing validity of labor certification and I-140 petition issues which are specified above, particularly the employer's financial ability to pay the wage, and the applicant will have to overcome tremendous hurdles to deal with the challenges by the USCIS. Accordingly, people should not port before I-140 petition is approved unless they are assured that the original employer will continuously cooperate and support his/her green card process.

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07-23 10:40 PM
If someone got green card here and got married to Indian citizen, I am not sure how to ask this particular question. She must have seen that guy some how, if so when and where? If that guy had come to US, then he could come again in whichever visa he came in. Also where did they get married? There are options, but certain questions needs to be answered.

This is for my friend who received Greencard in 2006. She just got married in June 2007 to an Indian citizen.
What are the options for her to bring her spouse to US ?
The spouse has an MBA.
I know H1 is not an option as they have to wait atleast till October 2008.
What are the other quick options?

07-20 07:19 AM
You raise a good point Maverick_08. At some point, GC no longer holds the same perceived value as one initially had assigned to it. A lot of us in this forum have been around for a decade or more (myself included) and have reached a tipping point of sorts.Those who applied for GC and were fortunate to have got it soon, probably did not go through the same level of frustration and angst that some of the others have.

In the last decade of living here a lot has probably changed in ones life. In my case

1) Perception on life.
2) Understanding the essence of being happy and what is truly important in life.
3) Tired of the Rat race (IT job)
4) Parents/old age
5) Desire to simplify life and go back to the basics.

Inspite of that some of us continue to wait (including me) for the elusive GC and then consider moving back with a potential option to return back. All for what??

Anyways, these are just ramblings from a tortured soul.

Folks, feel free to throw in your two cents about how life has changed since you applied GC and whether it really is worth it?


09-18 10:12 AM
I had created this thread to share ideas on what we can do, given the grim situation we are in. I will really appreciate if others come up with ideas and make it part of this thread.

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