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Thursday, June 23, 2011

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  • abandookwala63
    03-16 05:28 PM
    Very informative and close to our situation. Thank you for sharing.

    very informative articles. Mr. Ron keep it up.





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  • nchendica
    09-25 01:16 PM
    I don't know how much time you took to complete AMIE.
    Longer is better in this case.
    I finished my AMIE in three years and I am in trouble.
    If you took four or more, then you are lucky.
    May be you can request a letter from IE, Calcutta mentioning the timeframe you took to finish AMIE.
    That helps to support AMIE is a four years degree.

    Regarding MTR, may be you can tell your attorney that similar AMIE applicants got I-140 approvals and your bad luch that it got stuck.
    If your ed eval says you have bachelors, then you can tell your attorney that you have the qualification and you want try one more time.

    My personal recommendation is go for another new labor with EB3 and draft it accoring to your qualifications.
    Once the I-140 is rejected, then it is a bad remark.
    All next I-140's will be linked and tracked. So it is difficult to convince USCIS that you have bachelors. Even though you go for MTR, you can buy time and it is hard to get positive results from USCIS. This is all my guess.

    It is always better to go for EB3 new labor as you have some time.

    Thanks and all the best.



    Here are the details of my case:

    Hi All �

    Please I need some help urgently!!! Here is what I am going through �� My I-140 got denied on Aug 28, 2008.

    My education is 10+2, 3 years diploma in engineering, AMIE in Mechanical Engineering and 2 years PGDIE (Post Graduate Diploma in Industrial Engineering). I am working with the largest enterprise software company and hence a big law firm as well. I have total 15 years of experience (12 years after AMIE, 10 years after PGDIE).

    In my labor it�s clearly stated that the bachelor equivalent is needed.

    Labor Priority date: 5/10/2007

    8/7/2007 I-140 petition filed for EB2.
    8/7/2007 Adjustment of Status applications filed.
    8/7/2007 EAD application filed.
    8/7/2007 Advance Parole application filed.


    9/25/2007 USCIS Receipt Notice received.

    10/23/2007 EAD approved and valid till Oct 2008.

    6/20/2008 EAD renewal application filed.

    Not sure when my lawyer got request for REF. However, I was asked to get more detailed information like transcripts / mark sheets with regards to AMIE. I submitted whatever my lawyer asked for.

    In the mean while, my wife got a job. I asked my lawyer if it�s okay for my wife to start working and they said yes she can and there will not be any issue her visa status. My wife was on H 4.

    7/1/2008 RFE Submitted

    08/28/2008 I-140 / I-485 got denied

    I still have valid H1.

    I-94 Expiration: 4/10/2009
    Estimated Final I-94 Expiration: 11/25/2011

    My questions are �

    Is there a known case of guy with AMIE got it through EB2? If so what needs to be done?

    How do I convince my attorney that we should go ahead and file the MTR.

    Please help!!!

    Thanks





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  • ajm
    04-14 11:40 AM
    There is no excuse for the Immigration dept for this backlog. This is a simple clerk's job which they screwed. IV as a an organization should clearly state it and insist on fast resolution by the respective authorities, not just foggy promises.


    I agree that there is no excuse for processing times running into many months. However, I would be hesitant to rely on the goodwill of DOL/USCIS in resolving the backlog. I started another thread suggesting a premium processing option for the entire GC process:
    http://immigrationvoice.org/forum/showthread.php?t=600





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  • justAnotherFile
    04-04 03:34 PM
    Pl. keep up the great work Core IV team...

    "In the orderless fields a small path was formed because you walked there
    Because you walked there it has become a highway that everyone uses."



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  • DudefromBombay
    06-30 01:24 PM
    HI Ivar,

    So in your case, did your older employer cancel or withdraw the I - 140 or it was active. Do you know if you can still port the priorty date if the I140 is withdrawn by the older employer. I have looked at most of the forums and haven't found a concrete answer to this question.





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  • santb1975
    05-22 03:15 PM
    You do not have to be single unless you have already decided on marrying someone who is not in the country at this time.

    my employment is terminated a month ago. I still need to file h1 transfer to the GC sponser. I am single

    I am told that H1 can be transferred only with in 10 days-20 days or so. which means that it is already a month. so in case if I dont get the h1 or if I have an issue in the H1 transfer, is that the end of my being H1.

    If I were to be on H1 again is it going to come under the cap along with those new H1 filers? I still have one and half years to complete 6 years.

    I have a fall back to EAD though based an approved 140 and 180 days past 485.

    But how do I get the spouse then???



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  • athanga
    12-14 05:18 PM
    "So my wife and me are shuttling between India and US to even meet each other. "

    Can't you bring her on H4...???


    She is on H4 right now, but working in India, so visits when she gets a vacation and I do the same, hence the shuttling :(

    Arun





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  • black_logs
    04-04 08:45 AM
    Guys we are still in the game, and we have to be untill the bill (even in the current form) passes in the house. If you remember S.1932 was trashed by the house, so thing will get more hectic for us and certainly for each of you once the bill get passed in the senate. We have to keep all the sections related to EB hitech workers afloat.



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  • kc_p21
    04-22 10:41 PM
    Do you know any example of I-485 got rejected after using AC21?

    My lawyer says they haven't seen any case like this before. I want to make sure before I change jobs.

    Thanks,





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  • raj2fly4
    07-12 03:59 PM
    The customer rep said that I am in legal status pending my H1B petition. I heard about the 240 day rule. Through my research I learned that I can work and stay in U.S until 240 days of I-94 expiration. After 240 days I can not work, but can stay in U.S peding H1B petition. I am not sure how far this is correct. My companies attorney says that I have to wait or go through the senator to see if your case moves. Aren't we legal as the case is pending. Mysterious laws of USCIS to cover up their own faults.



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  • LONGGCQUE
    03-31 12:48 PM
    done





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  • hopefullegalimmigrant
    04-18 10:08 PM
    I am really not into my own/ or any one particular case. We need to start reignite an awareness for legal immigration overhaul. Does not matter what one's priority date is.

    C'mon guys what ever has happened we need to reignite and restart the immigration torch

    What can be done/ What needs to be done.... Lets do it

    Can the guru's of the forum please let us know if there is a campaign we can start/restart. SOMETHING needs to be done, right now



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  • gsc999
    10-07 04:49 PM
    Guys, this is not an Indian site. Half the posts have word Indian in them.
    I am not apologetic about being Indian but lets remain true to the IV cause

    The current economic crisis has many victims. To hear about this 90 year old woman who attempted suicide is depressing too. There is a slight twist at the end, Fannie Mae forgave her debt.
    http://abcnews.go.com/US/wireStory?id=5957063

    On a different note, what about us folks who have been on this never ending path to legal immigration for ever and such events e.g economic crisis, rising unemployement etc impact us in a huge way and we don't have any recourse. What do you guys think should the USCIS do? Should they "forgive" us our circumstances. Should there be special rules in these unforseen circumstances?





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  • somegchuh
    05-30 03:30 PM
    There are many possible explanations of why they are willing to make changes to accomodate the illegal immigrants.

    off course its the vote bank politics but I think psycologically nobody is intimidated by ppl who come to US and are happy to do low-skilled work. They don't work in high-skilled or unionized jobs. They are largely employed by restaurant, cab-companies etc. These are jobs citizens really don't care for.

    Whereas the job that H1 workers have... most ppl (in theory) would like to have them. It remains debatable how many native-born americans actually want to take hardcore technical jobs.



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  • needhelp!
    09-19 01:01 AM
    I could have rallied all night..
    And still have begged for more
    I could have spread my wings
    And done a thousand things
    I've never done before
    I never know what made it so
    EXCITING!!





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  • jfredr
    05-30 09:06 PM
    I am also in the same situation as ur.

    don't worry u r good.
    bottom portion of I797 is the replacement for ur old i-94.
    It serves as ur i-94.



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  • SK2007
    10-15 11:35 AM
    Guys,
    Finally my problem and my questions are solved.
    I drove up to the Canadian Border near Niagara Falls (Buffalo), they Canaidan Border Officials took my I-94. I took a drive in canada for 10 minutes. I even stopped at spot to view the Niagara Falls from Canadian side and drove back into US. I was issued a new I-94 with out any additional interogation.
    What surprised me was my Canadian Visa expired on 09/01/2007 and i was still allowed to enter into Canada.
    Anyways Thank you guys for all your responses.
    I am kind of relieved related to my issue related to I-94.
    GC_DREAMER_485

    Good it all worked out for you. I am sure they stamped your passport on the way back into USA. Just keep track of your intrnational travel at some point it might be required, you might loose track of them if you don't have exit or entry stamps on your passport.

    Good luck,





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  • meridiani.planum
    04-03 02:13 PM
    can someone explain it again in simpler terms ..does the above mean that if a 485 is pending then that person is not out of status (or unlawful presence) till a decision is made on the pending 485 ?

    if you re-enter the US on an AP, they give you an I-94 with teh same date of expiry as your AP expiry (within 1 year). AILA was wondering if USCIS could come out with a memo clarifying that essentially that I-94 has no meaning, if you are in the US after it expires, you are still within status (because you have a 485 pending, and that gives you status until the decision is made on it)





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  • gimme_GC2006
    07-19 02:10 PM
    even my employer didnt allow us to file saying, if employee files, FBI will get mad thinking it has toxics in it :D :D :D

    trust me thats what they told me..dunno what he thinks..:) :)


    but the point is I sent my docs to my employer and I didnt include any G-28 in it..which means we signed as we prepared all docs..

    Now can they attach G-28 and introduce themselves as representatives and swallow all receipts???





    Harivinder
    04-09 08:40 PM
    My RFE's are
    1. Emloyment verification letter
    2. Proof of authenticity of Marriage.





    zCool
    12-14 11:38 AM
    There are 2 things that you need to do and take time..
    1. Apply for FBI fingerprint clearance .. You can take fingerprints in your local sheriff's office on a standard FBI form and then send it to FBI.. takes about 2 months.
    2. Apply and get IELTS english score.. I think this has become standard now..



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