ponedeljek, 13. junij 2011

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  • jcrajput
    12-31 10:28 AM
    Thank you.




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  • chanduv23
    02-09 02:40 PM
    willgetgc2005

    Check this Out:
    Q. How do I make a complaint against my attorney or representative?
    A. If the complaint concerns the conduct of an attorney or representative in a matter before the Immigration Court, BIA, or DHS, you may complete a Form EOIR-44, �Immigration Practitioner Complaint Form� but it is not required. You may write your own complaint statement or letter. This statement or letter must include.


    Your name and address,
    The attorney�s or representative�s name and address,
    An explanation of the circumstances and details of your complaint, and
    Your signature.
    Along with your Form EOIR-44 or your own complaint statement or letter, you may also submit supporting documents and information, such as:

    Correspondence between you and your attorney or representative,
    Documents concerning the underlying immigration case (including the case name and number), and
    Copies of filings in connection with the case.
    Neither EOIR nor DHS can accept complaints over the telephone.
    Source: http://www.usdoj.gov/eoir/press/00/profcondfaks.htm

    =======================

    Thanks a ton for the link. This will definitely bring shivers to those belligerant lawyers.




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  • mingan
    12-19 12:07 PM
    I got RFE stating that Submit the evidence that the alien obtained the required five years progressive experience in the job offered or the related occupation before, evidence of experience must be in the form of letters from current or former employer giving the name, address and title of the employer and a description of the experience of the alien including specific dates of the employement and specific duties.

    I am curious to know did any body got such kind of RFE, what should i do the companies which i have worked for they no longer exist, what should i do, i have the experience letters with me but i donot have the job description mentioned on it.

    Please advise. what are the chances of approval of my case.

    Thanks in advance.




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  • nk2006
    11-12 10:15 AM
    Hi Connecticut members,

    There is an IV action item to fight recent practice of USCIS in denying I485 applications in some AC21 cases. For more info, please visit:
    http://immigrationvoice.org/forum/showthread.php?t=22182

    It’s a serious issue which can affect many of us, please act now and send letters (letter formats and everything else is ready in the thread quoted above). It will only take a few minutes of your time.

    State chapter leader,
    Please try to bring attention of your state members to this IV core approved effort.

    Thank you.



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  • radhagd
    02-22 09:54 AM
    Hi Guys i need some advice/help on my I-140 denial.

    I have US masters and 4+years of US job experience and My I-140 was filed in EB2 using a Substitution labor which as the education/experience requirements of (14) Masters+1years experience or (15) Bachelors + 3Years Experience and it was denied without RFE saying the Labor certfication used is not suitable for EB2 as they say EB2 labor should be requiring "Masters or BS+5Years Exp", which makes sense.

    So what are my options now

    1. Can my attorney file an MTR and request the USCIS to consider mine as a EB3 case, if requested what are the chances of USCIS approving my I-140.
    2. Once the MTR is filed to convert from EB2 to EB3, what is the present status of my 485/EAD/AP/FP
    3. If the USCIS is okay converting from EB2 to EB3, will the same application's applied ealier for 485/EAD/AP/FP are valid or not?
    4. My wife has used her EAD and she is doing a full time job, so now as my I-140 is denied and if an MTR is filed in next few days can she still continue the same job until the decision is made on the I-140 and 485.
    5. My wife has an H1 also, so as she used her EAD(which came as my dependent) not with the company which hold's her H1, in this case what would be the status of her H1, can she quit her present job and do another job using her H1, is that H1 still valid.

    Thank you all for your advices and help.



    Same thing happened to my friend, in his case II40 is not denied but got Intent to deny they contacted sheila murthy and requested to consider in EB3and they got approved in 3 weeks. So I think in your case you apply Motion to reopen/appeal and request them to consider in EB3. I hope yours will be approved in EB3.




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  • genscn
    07-30 01:34 PM
    My attorney says that I-485 should be filed at the same location where I-140 was filed (when I-485 & I-140 were not filed concurrently) Is this correct?

    Thanks for clarifying/
    I believe my 140 was sent to Texas.
    No , I dont work for CTS.



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  • sam2006
    10-01 09:55 PM
    I think his friend is a full time employee of Lehman.

    Yes he is( was ) a FT at Lehman




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  • martinvisalaw
    01-12 02:19 PM
    My husband and I are British, not sure if that slows things up or down :)

    Being British makes it as fast as anyone. India, China, Mexico and the Phillipines are sometimes slower.



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  • GCFROMOHIO
    04-09 10:11 PM
    Hi,
    I am also on my 9th year of extension and Recently I changed jobs ( from fortune 500 to another fortune 500) and the new company suggested to have my 9th+ years H1 extension and have applied for the same. I just received the approval yesterday with in 30 days. The only reason I moved is so that I can refile in EB2, I have Masters+MBA prior to my old Labor, but couldn't apply as the old company job descriptions did not support it. With recent changes in I140 premium eligibility criteria, any one with H1 of 6years or more eligible for it and so you might want to extend your H1 and use Advance Parole to travel if you are thinking of any portability to EB2 in future.

    Refer to the article on Murthy.com for the new I140 premium eligibility changes
    http://www.murthy.com/news/n_140ppe.html

    Thanks




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  • jjjun
    10-02 02:26 PM
    It is for pending 485. I do not have RFE now. Because i saw so many rfe issued by CIS. I left my previous company few month ago. The previous attorney can not represent me anymore. But he is willing to send me the rfe if he receive it. Do I still need to hire another attorney to represent me if there is rfe or i can do it by myself.

    thansk.



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  • arunkotte
    07-10 09:43 PM
    not nessasarly, mine and my friends las names starting with K and M, both are at NSC




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  • serega
    04-21 11:10 AM
    I'm in the process of convincing my FinAid rep that I am eligible with only EAD/I-485 pending/A# (no I-94 w/parolee stamp). It worked for a secondary verification for my mortgage guaranteed by USDA (Agriculture Dept.). They use the same USCIS SAVE system for verification. The truth is no one knows how to do this. My FinAid rep admitted to never having to do this. What happens when they institute a secondary check thru SAVE is it only says EAD valid, so all it does is verify your status, but does not actually notify the agency that you are eligible for any benefits - it says so in the system rules/regs. But USDA thought that was the green light to approve me for benefits, so now I'm eligible for no down payment/low-interest mortgage. I'm trying to pull the same stunt with college. They said they will consult Dept. of Ed, so that may not work. But you need to sound convincing and not fall for their ignorant BS, until they have it clearly figured out and ask you for an I-94 w/parolee stamp valid for more that a year. Truth is, none of us will ever get a stamp valid for more that a year, since AP is given in 1 year increments. But FinAid reps almost always fall for near-1-year validity of the stamp and cave to your pressure. So keep working at it until you get what you want. That'/s what I intend to do. Once you are approved w/documentation for first year, you never have to go thru the exercise again with that school, since the school ultimately decides whether you are qualified. Good luck, and I'll post my progress.



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  • a_yaja
    09-09 12:30 PM
    Hello All,

    I was in H4 status but currently in AOS Pending Status. Is it possible to request for filing F1 thru my current school while the candidate is in AOS Pending / I-485 Pending Status. I would like to obtain the F1 thru school even though my I-485 is in pending status. Firstly, Is it possible to change the status from AOS Pending to F1. Secondly, what would be the process to obtiant the same.

    I would really appreciate your feedback / inputs on this regard.

    Thank you,

    As gc_check mentioned, check with your school coordinators or an immigration attorney. Changing to F1 might endanger you AOS and your GC. F1 is a non-immigrant visa and does not allow for immigration intent like H1B. Hence moving to F1 from AOS could be construed as abandoning you intent to immigrate, therefore USCIS can deny your I-485. This is just my opinion - so consult a good lawyer.
    Secondly, why do you want to convert to F1 when you are on AOS? You should be able to get all the benefits of F1 like TA/ RA, on-campus employment (and off-campus too) if you have an EAD. That would be a safer route for you - if you do not already have an EAD, apply for one and after getting your EAD, apply for SSN. That is the way I would go.




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  • paragpujara
    10-27 06:47 PM
    Since you have work authorization (EAD), you should apply for SSN. For job application you donot need SSN but once you get a job then your employer might ask yr SSN for background check and afterwards for pay check. Generally it takes 2 weeks to get SSN so it's better to apply in advance.

    Refer to http://www.ssa.gov/pubs/10002.html#how and check out Application For A Social Security Card (Form SS-5) under How do I get a number and card? You need to fill out this form.

    This form has list of documents you need to get a SSN card. Generally you need to carry your Passport and EAD. They will return all the documents at same time. They won't keep the documents with them and they need all original documents. They donot accept Copies. Hope this helps.



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  • BPforGC
    11-05 04:22 PM
    Do not enter on AP and lose your underlying VISA status unless you have no other choice. Maintain your H1 as long as possible till you get that piece of plastic in hand.




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  • akmypoints
    11-04 01:26 PM
    Hi Experts,

    Need inputs on following scenarios.

    I have approved I-140 with Company A. I am on H1 currently, 7th year. My extension is due on April 2011.

    Scenario 1: If H1 extension gets denied, can I move to H4 (my wife is on h1) and then search for a job and convert from H4 to H1 using approved I-140 from company A?

    Scenario 2: If I move to Company B, and do not start GC there, after 3 years, can I get 3 years extension based on approved I-140 from company A?

    Scenario 3: If I move to Company B, after some time, can I move to company C using I-140 from company A?

    Given the uncertainty of h1 approvals these days, please suggest favorable scenarios in the cases above.

    Thanks



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  • milind70
    08-15 08:34 AM
    and since you applications are not being filed with I-485 you will have to pay the new fee.

    I dont think that is the case please refer to question 37 in FAQ 3.




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  • haider420
    03-04 01:01 AM
    Mr Haider

    Please give the entire facts of the case before asking for advise.
    1. You said your I-140 is cleared, that means u might be working currently or did they apply as future employee
    2. What does your master's have to do with your EB3 application? if you already filed in Eb3 and your date is current there is no point in waiting for completion of the masters and then filing in EB2. Either the attorney is drunk or you are not giving the entire information.

    Please give all relevant info and hopefully somebody can guide you. If you feel your attorney is messing you up, you can file for your 485 by yourself if you company agrees.

    either way we need more details to help you dude

    - cheers
    kris

    i just found out after talking to USCIS that I have to wait till my PD is current which is probably going to be in another 10 years...:(




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  • immig4me
    11-03 11:05 AM
    Interesting...
    1 way plane ticket - a maximum of $500-1000.
    Put them in a police bus/army truck = 50-100 per head
    Finding the criminals = priceless!

    Couldn't resist :D:D




    GC08
    04-04 08:56 PM
    I am kinda wishing it were down... it is too depressing to see those days never move. :(




    ita
    11-29 03:11 PM
    Change add' online in USCIS website. After few days you will receive confirmation letter. Also send AR-11 for to DHS and confirm with USCIS.

    FYI, i saw 2 LUDs on 485 & EAD from the day i changed the address online.


    I changed my address online and confirmed my address with cSR.
    I didn't send AR-11 form though.
    I didn't get any confirmation mail for address change to the new address..

    Is this fine?
    Please advice.

    Thank you



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