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  • ajju
    11-13 09:37 PM
    Hi Guys,

    My previous employer has withheld my salary without any reaon..even though i gave app notice, abided with policies and had no bond or anything.

    Please Sugest

    Wait for 6 months since Receipt Date... And then complain to DOL... You don't want to lose your I-140...

    Otherwise.. what are you waiting for :-)





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  • uscis_prob
    07-31 06:17 PM
    Hi all,

    I have a problem with my I-140. its has been denied. The I-485 frenzy was going on and the attorney is not responding. After follow up I relaized that I got a rfe to show 5 years exp. I have masters degree and 7 years of experience. my experience letter was missed, which had 5 years experience.

    the uscis people interpreted requirement wrong as our labor requirement says BS+5 years or MS
    They sent rfe for 5 more years despite me having Masters.
    The response which my attorney had given was that he has MS and he does not need 5 years experience more to qualify.
    I was not in the loop during this process. the web site is not updated too. i got denial last week.

    After talking to attorney, he filed motion to reconsider with all the proofs.

    its been 10 days, i have not received any notice of receipt yet.
    how long does it take to get a receipt.

    can i file i-485 now, since my I-140 is applied to reconsider? Is thrre any way out?





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  • Ann Ruben
    10-24 11:08 AM
    While there is no requirement that experience letters use language identical to language used in the PERM application, substantive inconsistencies can be a problem. If the PERM appication requires experience in XYZ technology, then the experience letter must mention XYZ technology. If, on the other hand, the PERM application simply requires experience as a systems analyst, then it doesn't matter whether XYZ technology is mentioned in the experience letter.

    So, to determine whether your experience letters are adequate, you should first review Section H
    of the PERM application and make a list of the employer's stated requirements. Next, compare that list to the content of your experience letters. If the letters do not clearly and explicitly cover everything on the list, note exactly what skill, knowledge or experience is missing.

    Then, assuming your prior employers are not willing to amend the letters already provided, identify others (colleagues, co-workers, clients) with actual knowledge of your work and request notarized statements from them to supplement the letters you already have. In addition, if you completed academic or technical course work related to the missing skill or technology, obtain letters from the professors or instructors and/or course descriptions + your transcripts/certificates.

    This basic analysis becomes more complicated if, in addition to documenting prior experience, you are seeking EB2 classification based on "five years of progressively responsible experience". In that situation, not only must the letters document that you possess specific skills, knowledge and experience, they must also document the progressive trajectory of your career.

    A FINAL NOTE: If at all possible, experience letters and related documents should be obtained and provided to the employer/lawyer PRIOR TO preparing and filing the PERM application.





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  • nemadeni
    08-28 03:18 PM
    we recently received 1 year EAD. I called USCIS regarding incorrect Validity period. They told me the send the I765 form again along with original EAD for fixing it.

    Anybody doing this?



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  • flex
    10-02 02:43 PM
    Oh. What game project?





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  • viveksri
    02-28 12:08 PM
    Thanks Guys,

    I really appreciate all your input.

    VS



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  • nareshg
    12-16 06:17 PM
    They might be sending second FP notice every 15mnths of first/consecutive FP's done once it expires in their system..wait for that notice and dont worry about it now..

    Thanks all for your replies...perhaps my question is not clear...I would have posted a new thread but was not easily able to figure out how to do so...

    Will try to ask my question again...

    I am not worried about when my FP expires and things on those lines....
    my questions is for jobs that require green card or citizenship... there are some federal jobs out there that require security clearance....and for which they need either green card holders or citizen I beleive...

    Now if one has an EAD (no green card yet, 485 pending for more than 1 year) and has got his/her FP done in FEB 2008 what does that mean...does it mean that once you have your FP done there is some kind of security clearance that you get from FBI ?...can you say you have active security clearance..if so what kind of security clearance is that called ?...as I said when I went for the Biometrics/FP (Code 3) they stamped the notice with the following

    Biometrics Processing Stamp
    ASC Side Code: __________XTE<location>
    Biometrics QA Review by ________ (officer's signature)
    Tenprints QA Reivew (officer's signature)


    Thanks Gurus !!





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  • jaane_bhi_do_yaaro
    08-25 08:22 PM
    Good luck, mine is the same PD

    Good Luck for tomorrow's meeting.



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  • cram
    03-08 11:44 PM
    What does this mean for EB-3 Philippines?





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  • das0
    06-22 12:33 AM
    Hi,

    Can you pls help:

    My wife is currently on H4.
    She has H1B approved for 3 years for company A with start date of October 1, 2007. My company just filed both mine and my wife's I-485 and EADS.

    Now, (Say for example), my wife receives the EAD which was filed though my company on August 1, 2007.

    Questions are:

    1. Can she work for the company A on EAD from August 1 - September 30 and then fall-back (re-instated) on H1B (already approved) from October 1 - next 3 years for the same company A ?

    2. If she uses the EAD to work for the company A for a single day before October 1 (start date of her H1), will that invalidate her already 3 years approved H1B for the SAME company A?

    I understand H1B is the best practice option and understand EAD canbe renewed yearly basis but unsure about relationship of EAD vs H1B (already approved) in the perspective of working from same company "A".

    Please advise and help - thanks in advance.



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  • imneedy
    03-24 04:00 PM
    Attorney saying she did fallow up with USCIS but she got response back that since they (USCIS) already approved my case she can only do proting when I file 484 under EB2 category.

    Can you ask her to do inter-filing for I-485? I thought lawyer just need to send a letter to link new I-140 to your existing I-485 application.





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  • suny_saini
    08-05 11:46 PM
    My case cannot be processed under CSPA, because the form I-824 was not filed within one year of the visa becoming available.

    but i have a valid point mentioned after the follwing subject. please check if the point is valid.
    ACC TO SUBJECT: CHILD STATUS PROTECTION ACT: ALDAC #2
    REF: (A) 02 STATE 163054 (B) 02 STATE 123775

    -------

    If the principal applicant adjusted status in the U.S. and a derivative is applying for a visa abroad to

    follow-to-join, then the date on which the derivative will be considered to have sought LPR status for

    purposes of satisfying CSPA Section 3 will generally be the date on which the principal (acting as the

    derivative beneficiary's agent) filed the Form I-824 that is used to process the derivative's following to

    join application. Therefore, in cases involving a derivative seeking to follow to join a principal who adjusted

    in the U.S., the derivative can benefit from the CSPA if the principal filed a Form I-824 for the beneficiary

    within one year of a visa becoming available (i.e., within one year of the case becoming current or petition

    approval, whichever is later). The instructions to Form I-485 (the adjustment application) advise aliens

    adjusting status in the U.S. who have derivatives abroad to file a Form I-824 for such derivatives, and the

    I-485 Form indicates that that Form I-824 can be filed simultaneously with the Form I-485
    (READ MORE FROM http://guangzhou.usconsulate.gov/cspa.html )

    I NEED HELP AND I THINK THERE IS ALWAYS AN ALTERNATIVE OF THINGS.
    IS THERE ANY OTHER WAY ANY ANY ANY WAY???
    CAN THEY APPROVE IF I REQUEST THEM ?
    WHAT IS the way out?

    I checked the visa bulletin from august 2003 to the dates when it was current for our category E3.

    I have found this point please have a look and determine if there is a chance?

    VISA WAS AVAILABLE FROM AUGUST 2003 TO JUNE 2005.
    ACC TO LAW FORM i-824 SHOULD BE FILED WITHIN 1 YEAR OF VISA AVAILIABILITY.
    SINCE THE I-824 WAS FILED ON AUGUST 2005 WHICH COMES WITHIN ONE YEAR FROM THE DATE

    JUNE 2005. SO IS IT A VALID POINT TO BE ELEGIBLE TO PROCESSED UNDER CSPA?

    ALSO there is a last hope

    A 221(g) refusal will not be considered a "final determination," regardless of whether it occurred within

    a year of August 6, 2002 or earlier. (The only exception to this would be if the alien's case was ultimately

    terminated under INA 203(g) for failure to make reasonable efforts to overcome to 221(g) refusal. A

    203(g) termination will be considered a "final determination.")
    AND VISA AVAILIBLITY IS THE DATE WHEN THE PRIORITY DATES BECAME CURRENT OR THE DATE WHEN I-140 WAS APPROVED.

    WITH this OR option in above line we can also consider the visa availibity date as the date when priority dates were current

    Please correct me.



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  • xu1
    08-03 08:22 AM
    The first thing to consider is the job requirement. It must require a minimum of a master's degree or a Bachelor degree plus 5 years progressive experience. If the job description has that requirement, and you have the required background, then it can be filed as EB2. In your case the job description states a minimum of a bachelor's degree and 3 or 4 years experience. This would only qualify as EB3, regarless of your credentials.
    I think I missed the part of "- BS Degree plus 3-5 Yrs experience or ..." in the job description.. I remember reading something on the forum, and it can be paraphrased as 'if you have an -OR- in the experience requirement, that spells trouble'. In your case, a BS plus 3 years (rather than 5) would also qualify, so you may not be able to do EB2.

    On the other hand, so long as your new employer supports your immigration filing, you may ask them to prepare a new case for you, stripping the BS+3/5 requirements.. good luck!





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  • lazycis
    01-15 10:48 AM
    Hi!
    I was wondering if you guys know any link on Dept on labor (or uscis.gov) that says that employer is responsible for all the legal(lawyer) fees. I work for a government firm and they only pay H1b fees that they are supposed to pay to USCIS. At the same time, they force me to hire a lawyer (I cannot file it myself) and they want me to pay for the lawyer.

    I was wondering if you know of any law that I can show them and ask them to pay for the same.

    Thanks in advance :)


    -Supported the million dollar drive

    Title IV, Pub.L. 105-277 (October 21, 1998) "Workforce Improvement Act" (ACWIA) of 1998

    Sec. 413 (a)(vi)(II)
    "It is a violation of this clause for an employer who has filed an application under this subsection to require an alien who
    is the subject of a petition filed under section 214(c)(1), for which a fee is imposed under section 214(c)(9), to reimburse, or otherwise compensate, the employer for part or all of the cost of such fee."

    http://www.nafsa.org/_/Document/_/acwia_-_american_competitiveness.pdf

    Legal fees may be different.



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  • snathan
    08-20 03:33 PM
    Hi ,

    I got deported from Chicago when I was travelling back from India because I worked at a gas station with out authorization . I had to admit that I worked and I was deported back by flight same evening . They gave me the ticket .

    My visa is cancelled and I was told to go back to consulate and get a new visa .

    I want to come back and complete my studies as I have only 1 semester left . Please help what what should I do now .

    thanks in advance.

    RD

    Since you are deported and the ticker was paid by the US Govt, you are most likely banned to enter the country for 5 years. Even if you are going to the consulate, you wont get the visa. As you admitted guilty, I dont think you can fix this.





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  • factoryman
    02-09 07:12 PM
    this blog is written and maintained by staff of HAMMOND LAW FIRM. Go to their home page (http://www.hammondlawfirm.com), you will understand this.

    This is a blog. Its not a credible source of information.



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  • TereDwarKhadaJogi
    08-27 04:15 PM
    Two year EAD as well, for my spouse and I...EB3 I-140 Pending, since May 07.





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  • la_guy
    08-19 01:07 PM
    Dr. Chikamarri Ramesh got 10 months imprisonment. He should have been deported.


    Citizens of US cannot be deported. That is the LAW... But if that guy had a Green Card or any other visa, then he can be deported...





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  • eb3retro
    09-12 10:40 PM
    same situation...

    sent to USCIS Texas on June 29, received on JUly 2nd at 10:25 AM. no receipts and no checks cashed yet. the USCIS receipting notice Texas said that they have finished receipting July 2 appl. what happened to our appl then?
    pls anyone who filed july 2 at texas and with the same info who got their cks cashed and receipts rec, kindly share here. tnx!


    hi maru, welcome to IV. think abt joining IV in the DC Rally? Would you?





    WeShallOvercome
    07-26 12:55 PM
    There's a user named 'whermygc' on page 10 of .





    Guillo
    03-03 02:15 PM
    My experience with the evaluators was the same. Well, not mine but my wife's. She had to use the people the school told her to.
    If you need to find translators for your documents though, I can help. If you need recommendations just ask!



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