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  • monkeyman
    10-11 01:00 PM
    Hi,
    I do not if I had the same situation as yours - however, this is what happened to me:

    1. I completed the Masters in 2003 - all course work and required credits by fall of 2003. PD for the LC was on Oct 28, 2003. I skipped the convocation ceremony (due to lack of funds) - yes, I lived on Campbell soup for 3 months. Initially, I had planned on attending it - however, circumstances changed. After some work, I got the degree on March 2004.

    I got an RFE saying I wasn't eligible because I got my Masters after I applied for Labor. So first of all I got the letter from the dean of the university detailing the chronological events of credits completion and a justification for getting the late degree (stating about convocation and missing it). The lawyer drafted a response and referred to the dates in the letter issued by the dean and dates on when the credits were issued citing the administrative delays on my part.

    Put it all together and send it and I-140 got rejected after 3 months. Then we opened a MTR and resend the package again and everything went through. Its not a death blow, but it involves quite a bit of running around to get a letter from the university and then have the dean approve it.





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  • keshtwo
    07-09 05:50 PM
    As long as 2003/2004/2005 folks who have already-filed stay in low numbers it might indicate good PD movement in those years (since numbers wont be used up so soon and USCIS/DOS might have to move dates forward to start pushing out approvals. New people will then file and the usage will climb and dates slow down again).

    If, on the other hand USCIS is sitting on tons of 2003/2004 PD I-485s, then date movement is going to be slow

    gc_chahiye - Is it possible to somehow keep the results of the first poll in the main page? It is the only data we have which comes anywhere near the real data, and it would provide good reference.





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  • arnet
    09-08 05:27 PM
    i think it should be ok because some apply with non-availability certificate instead of birth certificate since they cant get one. Usually it depends on the immigration officer who reviews your petition at that time and what decision he takes. disclaimer: But check with your immigration attroney as I'm nt an attroney.

    if possible get one with first/last name, i think it is easier to show the existing one and get new one because existing one has parents details too. dont take chances in I-485, because if anyone get RFE (query) then it will delay your case atleast a month or two, because you have to resend one again.

    How about birth certificate stating initial and First name (not first name and last name). Any sugestions?





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  • bondgoli007
    11-03 02:23 PM
    Where did you hear this ?
    I believe the Hammond website forum has this message from the Hammond lawyers...



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  • pixi
    10-28 07:09 PM
    :smirk: Well done mate, u just passed photoshop 101, now onto actually learning some proper photoshop skillz ( sorry, its just well, ahem , so 1983). #My first year students do this in the first day at college.

    BastardPixi :smirk:





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  • iv_only_hope
    01-15 10:20 AM
    Update from my lawyers site

    For China-mainland born EB-2, if demand remains as has been seen over the last couple of months, it is expected that the 01 JAN 03 cut-off date will hold, and it is likely that all numbers will be used within the current cut-off date. The State Dept. has ssured that it is looking for mechanisms to maximize number usage so that no visa numbers remain unallocated, and is looking for ways to make additional India and China-mainland born numbers available, such as by making sure that unused numbers that had been sent to consular posts are promptly returned



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  • jonty_11
    09-17 12:41 PM
    It is one of the greatest rallying the tropos efforts I have seen. Lets march together shoulder to shoulder and demand equality and justice. It has been long overdue....
    Please do whatever you can to attend teh rally if you are in the vicinity....!!





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  • gc_in_30_yrs
    02-28 03:22 PM
    the other option you have is to go back to your home country and invoke counsellar processing. In that case, you dont have to give up your green card and career, if you do not want to continue in the same category specified in your H1B, but, your studies will be impacted.



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  • franklin
    07-05 11:04 AM
    EB2 ROW has never retrogressed.

    It can become unavailable when 140k visas are used for the year





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  • nrmarrivada9
    04-01 09:13 AM
    Well, it makes perfect sense to change the status to F1. And as you said that she will be going to dental school ( 2yr International program), i assume that the expenses will be sky high. F1 status would be helpful in securing the student loan ( for the future semesters) if needed.
    This is my advise.

    1) You don't have to do the transfer urself or neither there is a need for a lawyer
    2) The schools International Students Office will guide you on doing the transfer. They would give you the checklist of the documents to be submitted, the website links where u can download the documents, fee to be paid, etc.
    3) It is a simple and hassle free process

    -Regards



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  • GCKarma
    01-12 01:41 PM
    wht is WOM?





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  • uma001
    03-15 09:01 AM
    L1 has been in use for past 12 years...and the L1 holders have been working at client sites.
    TCS never does grean cards, WIPRO rarely does, that too in 5th year of H1. InFOSYS rarely does. CTS is the one who does many H1s, L1s and green cards, green cards in EB1.
    When consulting companies are misusing H1s, why cant companies like TCS,WIPRO,CTS,HCL misuse L1s...Nobody is honest in US. Nobody is working honestly in US. Less than 1% in US are honest. And those people will be working as developer forever.



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  • gccovet
    06-12 05:30 PM
    Hi All,

    I was sponsored by Company A. Also they are sponsoring my GC. I have a pending i-485 since my PD is Nov2006.

    Company B has bought Company A. What should I do now?

    1) Do I have to ask them to file a fresh H1?
    2) how would the GC process be transfered to the new company that took over?

    I asked the greedy owner of company A (my so called sponsorer, but as usual I paid for all the expenses), he said there is no problem with regards to my immigration status.

    Can someone shed some light on this scenario?

    Thanks,
    RC:o

    No need of new H1 if company 'B's' HR has agreed to continue with 'A''s employees.
    1. Get a EVL letter from company 'B'. (This is assuming name of 'A' will change to 'B' or new name.

    2. You need to get a "Letter of Acquirement" from HR of new company (I am assuming that the name of the company is changing as well). If name does not change then you should be fine. If you have to travel out of US, you need to carry latest copy of EVL(of new company) and "Letter of Acquirement" along with you. (I went thru these few years back, PwCC bought over by IBM, immediately after the takeover I travelled out of US and came back without any problems(on H1)) this was quite a while back though, you may want to check with your company attorney though.

    Note:
    "Letter of Acquirement� would state that your 'A' company was bought over by 'B' company on Date and name has now changed to 'B'.

    Good luck.

    GCCovet





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  • fromnaija
    11-17 03:53 PM
    Thank you for information

    What if I fall on category EB-3 and not from India and China. Can my employer still file it ? This is because the minimum requirement for this job is a Bachelors Degree even though I do have a masters degree.

    Welcome to my world - EB3 ROW. You may file your I-140 now and wait until your priority date becomes current to file I-485. But EB3 ROW is currently retrogressed and unless a legislation is passed to bring relief, you may not be able to file I-485 until about 4 years from today.
    Believe me you are not alone. My employers filed in EB3 for me even though I have a Bachelor plus 20 years of IT experience.
    Another option is to find another employer and job that meets EB2 requirements. I am seriously considering that in my case.



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  • gccovet
    06-12 05:30 PM
    Hi All,

    I was sponsored by Company A. Also they are sponsoring my GC. I have a pending i-485 since my PD is Nov2006.

    Company B has bought Company A. What should I do now?

    1) Do I have to ask them to file a fresh H1?
    2) how would the GC process be transfered to the new company that took over?

    I asked the greedy owner of company A (my so called sponsorer, but as usual I paid for all the expenses), he said there is no problem with regards to my immigration status.

    Can someone shed some light on this scenario?

    Thanks,
    RC:o

    No need of new H1 if company 'B's' HR has agreed to continue with 'A''s employees.
    1. Get a EVL letter from company 'B'. (This is assuming name of 'A' will change to 'B' or new name.

    2. You need to get a "Letter of Acquirement" from HR of new company (I am assuming that the name of the company is changing as well). If name does not change then you should be fine. If you have to travel out of US, you need to carry latest copy of EVL(of new company) and "Letter of Acquirement" along with you. (I went thru these few years back, PwCC bought over by IBM, immediately after the takeover I travelled out of US and came back without any problems(on H1)) this was quite a while back though, you may want to check with your company attorney though.

    Note:
    "Letter of Acquirement� would state that your 'A' company was bought over by 'B' company on Date and name has now changed to 'B'.

    Good luck.

    GCCovet





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  • rajenk
    10-08 10:33 AM
    Our I-485 got approved on 10/01/2010. Yes porting PD and interfiling works. Follow the instructions in my IV blog



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  • sunty
    11-05 03:37 PM
    You are not as bad as you think. Read USCIS guidance on the subject. If your I-140 is not approved by 180 days, you can still use AC21. In that case, the adjudicator while looking at your I-485, sees if filed I-140 was approvable. If so, you are good to go, provided you can prove that you have a new same/similar job offer.

    For USCIS guidance see Page 3, Q1 at: http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf

    Thanks jsb....I didn't know this....But I think its still better if I wait for 140 approval...Then atleast one other uncertainty will be removed from my GC journey...Hopefully it would only take a month or two more than normal processing time for my 140...If it gets delayed further, then I might use it anyways..It's nice to know though that I have an option..Thanks again





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  • americandesi
    11-01 12:32 PM
    I just received my H1B starting Oct 1st. My desi (cheap) employer first decided to not pay me till Oct 15th because I didn't have a SSN. Then after my SSN came they decided that they wanted to reduce my salary, the reason being that the company's economic situation has changed since Jan filing.

    I am concerned because I am going for my visa stamping in March and the last thing I want is to be out of status! When I mentioned this to my boss his answer was -- We will give you a letter stating that you are working reduced number of hours, and we cannot afford the salary promised on I-129.

    Can somebody help? What are my options? I was on H4 and moved to H1. I am really frustrated with their attitude and in this economy it is really hard to find a job.

    Any help would be great.

    A letter alone is not sufficient. You employer has to amend his H1 petition with reduced hours and get the LCA and I-129 approved with DOL and USCIS respectively.

    Any violation of H1 rules should be complained with DOL.
    Even if the H1 employer terminates you, the termination doesn't take effect unless he cancels your H1 petition with USCIS in which case he has to provide you a return flight ticket.

    Here's my suggestion. Educate your employer that he has to pay you the salary mentioned in LCA till the time you're employed with them.

    If your employer doesn't oblige then
    1) Get your H1 transferred to another employer and file a complaint with DOL to recover all the back wages.

    2) In the worst case, go back to H4 and file a complaint with DOL to recover all the back wages.

    Knowledge is power. Make sure that you're aware of all the H1 rules so that no H1 employer takes your for a ride.





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  • thesparky007
    04-24 12:09 AM
    i edited it kirupa!!!!





    MYGCBY2010
    10-03 11:16 AM
    USCIS addresses RFE's to attorney who represents you, you will not get the RFE. Even if you call USCIS, they will not provide you with clear details.

    Try calling them to know about your RFE; you might get lucky!

    I did call them... They didn't provide me the details of the Additional evidence and asked me to wait for the Notice.. Also they said they will be sending it to my address.. I was under the impression that they will be sending it to my lawyer.





    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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