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  • VisaHelp
    07-26 09:27 AM
    Sure. It was an H1B transfer application. So, the RFE asked for pay stubs with company A. Also asked, if applicable, for company B's pay stubs. W2s for the whole time I was in H1 status. And my last six tax returns.

    Could you please detailed RFE? It is difficult to suggest without the RFE details.


    ____________________
    Not a legal advice.




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  • hoolahoous
    02-10 10:50 AM
    while you breached contract, the broke the law. tell them that you going to report them to DoL and see what they say.


    ------------------------------------
    I am not a lawyer. do not take my advice as legal advice.




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  • mnkaushik
    10-14 12:19 PM
    It does not matter once you get your green card. Those restrictions are till you get the green card. For now, she has no restrictions. But as the person earlier pointed out if she applies for your gc, it will take 5 years if she is just green card holder but it will only take 6 months to a year, if she is a citizen.

    Now, if you both decide to live outside of US, then you need to look into what are the residency requirements for her to keep her green card status. If that is of interest to you.




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  • adibhatla
    04-01 06:04 PM
    In your denial letter you must have gotten explanation as to why this is a straight denial instead of RFE.

    The letter clearly states "Form I-485 states you must submit initial evidence with your application. Initial evidence includes: criminal history, birth certificate, copy of passport, photos, biometrics, police clearances, medical examination, Form G-325A Biographic Information Sheets, Affidavit of Support/Employment Letter, evidence of eligibility and derivative status eligilibity.

    In my case the I485 was denied on the grounds of missing G325A biographic information sheets, but in reality I had applied it with the 485 forms.

    And as you can see from their explanation there is no way except to raise an MTR before the commissioner.

    I strongly suspect that there is no way we can track on the above forms/documentation. The USCIS is playing dirty games of minting money from us. If you see the other forms such as EAD, AP, I485, I140 all have a SRC no. associated to them, these additional documentation can be shredded in their offices and there is not a way to prove our point that we indeed applied them together with the I485.

    The only option is to go with the MTR and hope for the best.

    By the way my MTR was approved approximately 6 weeks after I applied the MTR but haven't still gotten the approval notice. Waiting on it.

    I will you good luck.



    Gurus,

    my and my wife received a denial letter from USCIS regarding our I-485 applications. My I-140 was approved on November 08'.

    the weird thing is that I did not get an RFE of any kind... so, we decided to submit an MTR because:
    1. the grounds for denial are wrong: no RFE on Medical and my case falls under visa gate - USCIS publication of July 23, 2007 states that USCIS will submitt an RFE on this matter.
    2. denial over birth certificate??? anyway, it was submitted originally and USCIS just lost it in the process anyway no RFE on that either.
    3. taken literally from the letter of denial "EVIDENCE OF EVIDENCE OF ELIGIBILITY MAINTANCE " I believe that is my I-94 -which we had submitted and the visa bulletin on june 2007 giving me the green light for I-140 and I-485.

    so, we submitted an MTR based on this documents and I got the receipt date as March 17.
    any thoughts and comments will be apreciated.

    thanks,



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  • rockstart
    04-29 08:46 AM
    I have a straight case working on H1 for same employer since 5 years. My 2nd H1 was approved on Oct 1 2007 valid till 2010. I saw a soft LUD on my H1 for 4/26/2009. I am not too worried I think it is just system update thing.


    My previous attorney also mentioned the same thing. Looking at this thread it seems all soft/hard lud's were generated on Sunday, April 26th. Maybe a computer program flagged these cases.




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  • wata
    09-30 03:30 PM
    This is absolutely no-sense at all.

    Texas, take about 2-3 months to approve 140 and 485. While Nebraska take about 4-5 months to approve only 140. This is not included 485 that back up from December 2, 2005.

    You compare about 2-3 month processing time from one Center and another 1 year from another service center.

    People there don't know how to do the mathematic or what, why keep sending everything to Nebraska still. Why don't transfer from the last person in Nebraska to Texas and have Texas start processing 485 in Queued.

    We don't want people get process by Luck! or by paying more money and left other people behind.

    What you think?!



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  • immigrationmatters30
    09-03 07:23 PM
    My company applied for 3 year extention after 6th year and was approved in 2 weeks under premium processing.




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  • msgoud
    03-08 09:13 AM
    looks like employer failed to file updated LCA,i am not sure if an updated lca WILL HELP.



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  • Quadrucle
    09-22 02:11 PM
    Hi All,

    Im planning to port my EB3 to EB2 and need your help.

    My EB3 PD is Nov 2007. I have my I-140 approved too. This all was sponsored by my empoloyer. I have over 8 years of experience and I have Masters degree in Computers. Now my questions are:

    1. How do I start my EB2 process? (if this is possible)
    2. What do my employer needs to do to help me on this?
    The reason why they did EB3 was because my designation didnt require a Masters. Do they have to promote me or create a new designation to do this? My company almost stopped sponsoring EB's an year back.
    3. What will happen to my EB3 process if I am starting EB2.
    4. How expensive will be the whole process? I guess I will have to take the expense for Labor and I-140 from my pocket.

    Thanks in advance.




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  • reddymjm
    05-05 04:27 PM
    You will get your GC before your AP and EAD for sure. You missed the 2 year EAD and AP man. ;)



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  • grajesh2000
    05-02 10:32 AM
    Count me in




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  • abhijitp
    08-01 07:42 PM
    hi:

    I am filing my I140 and i485 togther this week. I have had 2 previous employers to the current one.

    I wporked for my first employer for nearly 3 years ( some months less) and then other employer for some 4 months and finally switching to the current employer..where I have been working for 6.5 years.

    I am getting experience letter from first employer but second employer where I worked for 4 months has no record.

    Is it ok to file I140 with just experienced letters from my first and the present employer and let go the one with just 4 months? Please let me now..I did call the former employer who worked there..but she also does not remmeber because it was 7 years back and that too for short time.

    Please let me know..is that is risky or will come back with RFE?

    DB
    Do you mean Progressive Experience Letters for the EB-2? If so, you probably do not qualify as before joining this current employer you did not have 5 years of experience (unless you have a Masters, in which case you don't care for Prog. Exp. letters).

    If EB-3 why care, unless you mean just plain old "service certificate".. not sure if that makes a difference at all.



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  • rajev_kk
    10-10 04:55 PM
    You have slogged all these years. Take a break, have a Kit-Kat and take a vacation in Italy. Have heard it's pretty good. Have a good time.




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  • rbharol
    08-22 12:30 PM
    SKIL exempts applicants with a masters degree from the US and 3 years experience from the annual quotas. This along with not counting dependents should bring considerable relief to even the folks who are still subject to quota.
    You mean 3 year experience in US no matter from where you got your masters degree or
    Only US degree + 3 years experience will get exemption?



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  • morchu
    08-02 12:58 AM
    I think it matters and you probably might get an RFE if you dont provide evidence that you are qualified for the advertised job.

    You can try to get an affidavit from some of your older colleagues.


    It is EB3 (PD 2001) and Lc did say that 3 years of experience and my first job almost have 2 years 8-9 months of experience. So I was thinking that USISC should not mind for letter of eperience for 3 remaining months..Current job ..I have been working now for 6.5 years....

    Does it matter..Do you think it really matters..

    let me know..otherwise I really have to worry about RFE

    DB




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  • dessoya
    10-07 07:39 AM
    i voted for coppertop ;)

    props to all :love:

    ~:azn:



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  • wonderlust
    09-27 04:34 PM
    You are wrong! I am not indian, my friends from China, Sweden, Poland, Russia, Philipine, and Vietnam were there. You just did not see the pics.:D

    Ras, looking at the photo at the rally, I think you got the point. Not much attended and I don't see any other nationals there.




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  • dilber
    04-24 06:16 PM
    Congratulations... have an awesome party... :)




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  • beautifulMind
    10-05 10:32 PM
    My wife has both OPT EAD (on F1) and 485 EAD. Both are valid. The OPT EAD was applied before july since we did not know abt the july thing earlier....

    Now my question is which one should she use for employment..Also if either can be used then OPT ead is preferred since on OPT you do not have to pay Social Security and Medicare Taxes




    Roger Binny
    09-14 10:38 PM
    Any attorney involvement is there during the porting request ?




    h1techSlave
    11-19 10:20 AM
    If you look at the numbers.
    EB3 - 3 years to file 485. Very little risk of rejection of 140 by USCIS.
    EB2 - 1 year for LC processing, because you have to file new LC. Very HIGH risk of rejection of 140 by USCIS.

    Now take your pick.

    h1techSlave,

    I saw that priority date for EB2 (all other countries) now is current, while for EB3 is May 2005.....

    Does it mean that when my LC is ready I will have to wait my priority date for approximately 3 years?



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