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ruchigup

06-02 01:49 PM

I know it is overwhelming, when we get email from USCIS about RFE. But be patient it is generally for employment verification, birth certificate, medicals etc. If there is one for spouse it could be for marriage verification.

You need to wait at least 7 days before you should call to check with them. But 7 days is fair time, and 80% (no data backing) of letters are received by then.

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raoece

07-06 05:10 PM

once I-140 approved then that PD is locked for you , you can port that date with your new I-140 filing. no need to file 485 and wait for 6 months, this only for Ac-21 porting with new employer.

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eb3retro

05-04 01:55 PM

Thanks for the reply. I am planning to maintain a address at location where my LCA belongs to. I want to know If I work for say 4-5 months from India on US payroll will there be any issues on reentering US?

So basically you are cheating the system? correct me if i am wrong.

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americandesi

03-13 04:32 PM

Here�s how it works. Suppose there are 78 pending GC applications each with a proffered wage of 80K/annum, then the employer should prove at least one of the following to prove �Ability to Pay� for all the applications to go through.

1) Company�s net profit exceeds or equals 78 x 80K = $6,240,000 per annum since the establishment of their Priority Dates
(or)
2) Company�s net assets exceeds or equals 78 x 80K = $6,240,000 per annum since the establishment of their Priority Dates
(or)
3) The company paid >= 80K in salary to all the 78 beneficiaries since the establishment of their Priority Dates
(or)
4) The company paid < 80K (say 70K) in salary to all the 78 beneficiaries since the establishment of their Priority Dates but the difference (10K) was matched by Company�s net profit or net assets (10K x 78 = 7,80,000)

Now let�s assume that the company sponsors GC for 79th employee, then the company should replace 78 with 79 in the conditions specified above and they can�t use the same old figures anymore to prove �ability to pay�.

In your case, I�m afraid that your employer didn�t even meet the condition specified for 78 employees and that resulted in your colleagues I-140 denial. In such situations, USCIS might even revoke previously approved I-140�s because the employer�s financials doesn�t support all the pending GC applications.

Refer http://immigrationvoice.org/forum/showthread.php?t=15993

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authrd

07-26 02:09 PM

If they don't specifically ask for all previous I-94 and I-797 to prove lawful presence since first entry, then it's alright I suppose.

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rockstart

07-02 03:17 PM

Have you seen any 2008 case getting approved before 2007.

Guys,

I want to sue them for 3 things -

1) Touching I-140 cases way outside processing times (eg. 2008 when the date is July, 2007)
2) Approving 2008 cases before 2007, ie., no FIFO
3) Discrimination against EB3 cases during I-140 stage. I-140 case processing should be independent of Eb category, I have not read any rule where it should be.

Any idea how to start this process of accountability and justice. After 10 yrs., >$15k invested in a black hole, dealing with **** employers in a fragile economy, but mainly precious time which can never be recovered - I have HAD ENOUGH!!

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praveen2008

02-13 11:39 AM

Hello All,



I am on a 6th year on H1-B with my 140 approved. I am due for renewal on June 2010 with my employer who is a desi consulting company.. My employer has around 100+ employees.



I am recently moving over to a new consulting opportunity which my employer has showed me which is corp � corp with prime vendor in between�

I also have another Full time offer pending with a Big 5 consulting company who promised me to sponsor my H1 and re start my GC process since my 485 is not approved� I need couple of suggestions if somebody could advice



� Is it better to stay with my desi consulting company because my GC is in process with them? I am little afraid with respect to this new USCIS Memo( Employee � employer relationship in terms of H1 processing and travelling to india

OR

� Is it better to move on with the full time offer with top 5 consulting company . This from my career perspective would be growth but only disadvantage is that I need to re start my GC process . Hopefully I should be able to port my PD date�..



I am little torn up on what to choose ( full time or stay on corp to corp ). Can anybody advise if its better to compromise on GC and take the Full time offer because of all this scrutiny that USCIS is doing with ..



Thanks,

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seebi

03-14 01:10 AM

http://www.murthy.com/mb_pdf/030609_P.html

See under Improper Denials of I-485 AOS on Priority Date Issue
I did check the USCIS website for the July 17, 2007 (reinstating the July Visa Bulletin) and July 23, 2007 (about I-485 fees) notices that are specified on murthy.com link you provided, but did not find them. So if any of you know how and where to get them from please let me know. Appreciate your help. Thank you.

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VivekAhuja

02-04 04:15 PM

Inviting parents to the USA and getting their visa is not dependent on what your immigration status is in the US. As long as you can support them (job/salary) and you are legally present in the USA, you can invite them. Getting the Visa is entirely dependent on the interview. No amount of supporting paper work will help if the interviewer determines (for whatever reason) that they will become public charge in the USA (even health wise) or that they will not leave back to the home country.

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rpat1968

07-15 08:16 PM

Why blame USCIS when you classify yourself as EB3!

Your profile says you are EB3. I hope it was put by you not by USCIS.
May be your I-140 was also for EB3, a misclassification by you. Do you remember?

Don't just post without knowing the facts. See my response I posted.

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Armand

August 14th, 2006, 07:45 PM

Why not try the Nikon D80 just released for purchase sometime in Sept 2006 at $999. Better than D70 probably more like trhe D200 and not as complicated it would appear.:)

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GCcomesoon

05-05 11:21 AM

Hi

I was under the impression that there would be some talks about the discussed bills on floor this week.I see no signs of any debate or any discussion.I have some read some posts saying that nothing would happen this year. This really confuses me as I had & I think many of us had hopes that coming weeks would decide something.

I would appreciate if someone could give everyone very clear picture of what going on ?

Thanks
GCcomesoon

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darshan1226

02-13 01:43 PM

Please keep your sarcastic remarks to yourself, you're not helping. It is appreciated when someone share some USEFUL information.

grow up

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me_myself

12-16 06:58 AM

I have a valid H1 till 2012. As my company was going lean during the recession they asked me to work in India (no office in India - was working at home) for 1 year. Now they want me back in US. I am planning to get back in Feb 2010. I was not on payroll for 2009. My company transferred an amount every month to my indian bank account. My questions -

1. At the Point of Entry (POE) will they ask me why i was out of US for 1 year? - what should i tell them - will "health reasons" work?
3. Will they ask for payroll or W2 for 2009?
2. Will they ask me any sort of documents - other than I797?

Heard that POE's at Washington, Chicago are pretty strict - can someone please suggest a POE that i should choose.

Thanks in advance.

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amitjoey

11-29 11:35 AM

Pardon my ignorance, I am new to the Forum and saw this discussion. Waht is a LUD and how do i find out what is on my pending I-485 petition.

Thanks

LUD: Last update date: check status: input 485 Receipt no -on: http://www.uscis.gov/portal/site/uscis
you will be able to see the last action on a case.
You can also create a portfolio, save all your pending receipts under a username.

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h88

11-16 04:26 PM

Lol, i didnt c the other part of your attachment Lost, man u rock!

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sunny1000

10-18 06:05 PM

Is it possible to track 140 without the receipt notices.

Did you pay using your check? If so, I heard in this forum that they print receipt numbers on the back of the checks. I don't know if that helps.

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iv_only_hope

08-15 12:01 PM

Thanks a lot for reply. I just want to make sure she can go to canada, cause she has a bachelors degree from India. Forgetting the security checks, I was reading that for such ppl they say go back to home country for stamping. Mostly ppl with us degrees are fine. WOuld she be safe cause she had one h1 stamped in india few years back?

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yogirajd

11-09 09:02 PM

Mine was EB2 before and after first RFE my attorney changed it to EB3.

I don't understand Logic behind this.

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gsc999

09-01 12:59 PM

That was a hard working moderator who seems to have disappeared off of the face of the earth in early June 2006. I don't think he was abducted by aliens, because he is one.

I wanted to start this thread in members only, but it wouldn't let me.

Thanks.
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It is good to know that BerkleyBee is doing well.

Infact, I became a member after watching BB's presentation on IV.

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RadioactveChimp

04-16 01:50 AM

lol sorry

I formally appologize to those whom I have hurt, by ranting on their threads

Sincerely,
Dean Schneider

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