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  • bluez25
    08-26 12:16 PM
    Hey all,


    Saw August Visa Bulletin on Mid July.
    Checked the appointments PDF in chennai consulate and did not see appointments for August yet.
    Sent an email to Chennai consulate requesting when will my appointment be as per the new august bulletin and surprisingly they sent a reply saying that I was scheduled for August 11nth.
    Started preparing for the interview. Told my employer and client that I am leaving to India for the interview.
    Got the notarized copy of the employment letter.
    Started on July24th and reached July25th night.
    Got some sleep and went to local police station and applied for the PCC but the local police station asked too many question and gave me hard time.
    Went to Lister Laboratory and took the medicals.
    Went to local police station for atleast 10 times between saturday and Sunday following up but no proper answers
    Got the results from Listor laboratory and went to the Doctor and got the medical report done.
    Got frustrated and went to commissioners office on Monday and came to know that there is a official PCC format request in that office and applied for the same immediately.
    Personally met ACP and explained the situation and he promised me to get the PCC the very next day.
    went directly from the commisioner office to Passport office and applied for the PCC there too since the US consulate in chennai requested the PCC to be given form both passport office and the commissioners office.
    Tuesday Morning got police verification for me and my wife in our homes.
    Tuesday evening went to passport office and collected the PCC stamped in the passports and collected the PCC from them.
    Went to Commissioners office and collected the PCC from there too.
    Wednesday executed the secondary BCC affidavit since my name was not written on the BCC.
    Wednesday took all the documents and went to local VFS office and submitted all the documents and paid courier fees.
    Went to US Consulate on August 11th Morning around 7.30 AM.
    We were let inside and asked to wait in the waiting room for couple hours now.
    We were called around 10.00 AM and an Indian lady verified all the documents and asked for all the originals.
    The original documents requested are BCC, PCC, Offer letter, Affidavit, Marriage photos, marriage invitation,.....
    We told the officer that we have an infant and asked if it will take more time. The officer promised to call as first.
    10.45 AM they called us around 10.45 and took finger printing for me and my wife.
    11.15 AM an American lady officer called us and asked some questions like how long I have been in US, whom do I work for, whats my designation, and asked couple question to my wife.
    Finally congratulated us and said they are issuing the immigration visa to us and that we will get our passports in a week and handed over all the original documents back to us.
    Started from the consulate.
    Started to US on last Thursday.
    Reached on Thursday here at LAX port of entry.
    Asked to wait for an hour.
    took finger printing and asked us to get our baggage and waited in the waiting area.
    One hour from there one officer called and said the passports are stamped and we are all set to go.
    They told that the temporary visa is valid for one year and if I dont get the GC with in that time frame I should contact the local office then.
    Job done.

    Guys this forum was helpful to gather information and I wish all the very best for the ppl to sail smoothly and get their GC.





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  • WAIT_FOR_EVER_GC
    11-11 12:51 PM
    ASK THE LAWYER FOR FREE int the NOV 11 FREE ATTORNEY CALL
    Every week there is a free call
    Hi All,

    I had worked for a company from Feb 2006 to Feb 2007 on an H-1B visa. I had applied for an H-1B extension via that company as their software engineer. I was granted that extension. After Feb 2007, i started working at a different company.
    I applied for an H1B transfer as a software engineer with my current employer on Nov 27th 2006 through a law firm in Michigan. And last year my current company applied for my GC process in October 2009 under EB2 CATEGORY but with the same designation software engineer [level 2 as suggested by our lawyer] .I obtained a Master�s of Science in Management Information Systems from (University of Illinois at Springfield) in 2008 .I received my I-140 delivery notice in July 2010 stating that they have received his I-140 and it is now in process. I also received an approval on I-131 and I-765 just 2 weeks ago, I got a notice asking me and my wife to go for the biometrics test. Moreover, yesterday i.e. Nov 9th ,I received the EAD card for both me and my wife but unfortunately the very same day I get this Notice of Intent to Deny for I-140 requesting for evidence .
    The notice states:
    "��..The record contains a form ETA 9089 received by the department of labor on October 2009, thereby establishing a priority date in this matter. The petitioner certified in part H of that form that the proffered position is that of a "Software Engineer" and that the minimum level of education required to enter into that position is a Master's in Computer Science, Management Information Systems, Information Technology.
    However the beneficiary also filed a form I-129, Petition for a non-immigrant worker in November 2006 (when i was working for the previous company) as a "Software Engineer". It is noted that the beneficiary did not have a master's degree at that time.
    If the beneficiary entered into that H1B employment as a software engineer without a master's degree, the labor certificate will be invalidated since the master's level of education was not a minimum requirement. Please submit the evidence that the beneficiary obtained a master's degree prior to starting work for the petitioner as a software engineer.
    The petition may be denied based on the above information. However u r hereby granted 30 days from the date of this letter to submit to this office a written rebuttal to the adverse information."

    Also please note that we recently applied for my H1B extension as a programmer analyst as our lawyer had applied with this designation last year.

    Now here my questions:

    1. I applied for my H1B transfer with my current employer as Software engineer in 2006; I got my masters degree in Dec 2008. After consulting with my lawyer I filed for my GC in EB2 category as Software Engineer level 2 in Oct 2009. Now based on this why do you think we got this RFE? Is this a matter of concern or can it be a mistake? How can we resolve this?

    2. The USCIS has asked me to provide evidence of my masters degree in 2006, but that is not true, I received it in 2008, what I have to prove is that my new job requires me to have my masters degree. But how do I do that since my work title is still just a software engineer but level 2 and in my organization level 2 software engineer requires masters degree?!!!

    3. What is the worst case scenario? Is there a possibility that my I-140 will be rejected? What should my next step be then?

    4. What will happen to all my approved forms (I-131 and I-765). Will they automatically get rejected too if my I-140 is denied?

    5. Has anybody else had a similar case like mine? If yes, Please post your case out-comings on this thread.

    6. What will happen to my EAD card? Can I change my status to EAD now or should I just wait?

    7. Also we applied for H-1B extension as a different designation [Programmer Analyst]. So will that affect my GC process?


    We have 30 DAYS to respond to this RFE. If u have any suggestions or advice Relating to my case please post them here ASAP. Please help us out on this.





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  • gcwanted101
    09-01 03:35 PM
    Google G639 (http://www.uscis.gov/files/form/g-639.pdf) form for the pdf version. Here, it's already done. Just click on the link it will take you to the form you need to request the information. Fill it completely in as much details as possible and then get it notarized for your signature at a bank. Once notarized, mail the form out to the address shown on the form.

    My personal experience:
    I followed the exact procedure as explained above and it took me 3 months to get everything i requested as a pdf document files on a CD instead of paper copies. It depends upon how many requests they have in the pipeline. 3 months is not bad i think. Good luck for your request.
    Hey harrydr, Thanks for the information.
    I know about G639 form though.
    I just wanted clarify that USCIS do provide copy of approved 140 even if there is no 485 application associated with it.
    Because what I have hears was “140 is employer petition USCIS never going to provide it to employee”.
    But thanks a lot harrydr.





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  • GotGC??
    03-27 12:03 PM
    And this "attorney" was actually paid for filing this PERM application?

    The educational requirements specified in the PERM may give you some room to wriggle out of this.

    I received my Labor Certificate with PERM process. Right now, I can't continue the process for I-140 and I-485. My lawyer just found out that my degree is Master of Business Administration, while the Labor Certificate is based on Master of Science. My current position is Software Engineer.

    My questions are:
    1. Is there a problem of having an MBA and working as a software engineer? As my understanding, MBA and MSc are the same level.
    2. Can I continue the case since I already got my Labor Certificate?

    I appreciate your feedback. Thank you.



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  • tikka
    08-10 11:00 AM
    bump

    any CT members coming along with you.. ?





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  • eb3_nepa
    01-14 11:34 AM
    Friends i will ask the age old question again? Any news whatsoever on immigration related bills? In one thread it said that the President would be signing the bills by Feb 15 2007. Is that still on course coz the house seems to be moving at a good pace in terms of passing bills.



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  • Redeye
    12-12 04:12 PM
    I know one of my friend is EB2 PD 1999, stuck in namecheck.

    Thanks





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  • Chicago Desi
    04-13 01:02 PM
    All visa stamping is now done outside US. As long as you dont travel outside of USA, you can stay legally till the date mentioned on your I-94 attached on I797. But, if your H1 extension is subjected to your visa interview in Islamabad, you have to go to interview.

    I dont know what DWI is, but whatever it is, do not hide it on your visa application. AFAIK, traffic violations are not criminal offences, but I might be wrong.

    You better have criminal record strighten out with DHS ASAP, one wrong info and it will become a huge problem.

    Good luck.



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  • texanmom
    08-31 11:45 AM
    Be an active participant and help us help you.

    This is what I can infer from the poll

    93% of them lack talent
    7% are talented





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  • GC_1000Watt
    12-09 05:14 PM
    I have applied for my first H1B extension in the month of July. Receievd an RFE on Client and current work location and was replied in the month of november.
    on Decebmer 7 USCICS website shows "Your extension has been denied, and a denial notice has been sent."
    My I-94 expired on Oct-10 2009 and H1B was valid till 30 Sep. 2009. Here are my questions:

    Am I an illegal resident now?


    Until when can I stay in the us?


    Should my employer appeal the case and by when should he do that, is there premium processing for this?


    How long does the appeal process take ?


    Can I work while the case is appealed?


    How many days can I stay in us after the case is appealed?


    How do I transfer to a new employer E2 (Premium Processing) and when can I apply for the new h1b (after the case is appealed or any time)?


    What are the chances of approvals in Premium processing in Current Market?


    Can I start working once the receipt for the new h1b petition comes in?


    If not, can I work once the h1 is approved or should I go to India and reenter to start working?

    Can i transfer my approved I140 to a new employer ?

    I will really appreciate your feedback on this.

    Thanks in advance.



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  • mpadapa
    08-15 02:28 PM
    give the guy some credit. He might have taken the risk by jumping in the PERM bandwagon early while many like me took safe approach by filing traditional LC:mad:

    One of my buddies got his GC approved yesterday and his Priority Date is June 2005, EB2 India. I am here waiting since 2004 March to file for my I485. There are no methods to USCIS Madness.





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  • senthil
    05-18 01:41 PM
    one way to see IV's friendly faces ....



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  • pbuckeye
    06-25 08:02 AM
    Hi Gurus / Attorneys,

    I have come to this country in 1999 and have worked for company A and after 7 years , I transferred my H1B to company B based company A's approved I-140 in 2007 before July fiasco. Hence missed the July 2007.

    Now I have been working for company B for the last 3 years and got my I-140 approved again and applied for H1B extension. Received RFE asking for client letter.
    Client was reluctant to give the letter and my H1B got denied.

    Asking client for the letter : Client says that they can't give a letter, it's against their company policy :confused:

    My Options :

    1. MTR : I am not sure if I can get the client letter to open MTR and also file a new H1 in parallel.

    2. Go back to my home country : My employer said that they will apply for a new H1B for consular processing (does this come under quota ?)

    I own a home here and now leaving everything in a week is making me worried.

    Also my priority date is Nov 2002 under EB3 and I am not sure how I can pursue this from my home country, if needed.

    Thanks in advance for all your help and suggestions !!

    Can you try to get the MSA/SOW/PO between the client and vendor for the MTR (or client and your employer)? Sometimes the SOW reads almost like a client letter (with name, job duties, client supervisor name, signed by IT and legal department at client site).

    Another option could be to get an email from the client stating that they cannot provide a letter because of company policy AND/OR get a letter from the vendor stating the same and provide the contact information of the supervisor at client location.





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  • espoir
    07-07 12:33 PM
    I just gave 5 stars



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  • learning01
    05-03 10:09 AM
    They are not going to help resolve issues of backlogs, delays in processing and visa numbers for employment based GCs.
    Clearly, these counter-protesters are doing them under the gard of supporting legal immigrants. My advise - ignore them and don't post or start new threads here. Instead write letters to editors clearly drawing their attention to issues facing legal employment based immigrants.

    I browsed the link provided and nowhere it is mentioned about specific issues of legal immigrants.

    Suggest folks write back personal stories and ask the editor to highlight the need to raise Legal Immigration issues.. the writer has clearly expressed how the legal immigrants needs to be given consideration : Contact Jessie Mangaliman at jmangaliman@mercurynews. com or (408) 920-5794.

    They are organising a counter protest against Illegal Immigrants rally :

    Amnesty foes respond

    http://www.mercurynews.com/mld/mercurynews/news/special_packages/immigration_debate/14488543.htm





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  • naturopathicpt
    06-29 01:46 PM
    Hi Atty. Prashanthi, I signed a contract from my local Philippine recruiter who brought me here in the US. My recruiter made a hardcopy of terms and agreement and gave my employer and I a copy to sign on. The agreement inlcudes if and when I breach the contract, I have to pay all the expenses incurred by my employer to bring me here in the US (immigration fees, recruitment fees, etc.). I would just like to know if there is a law that allows recruiters to hold employees through this agreement.



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  • tnite
    09-26 04:05 PM
    Hi All,

    NSC received my I765 applications on June 21st. I am still waiting for my EAD. I have seen many people from NSC got their approval for the same time frame. Is there anypone in the same boat. Is this something I should be worried about.

    Thanks!

    See my signature for NSC timeline for my I485





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  • snathan
    04-01 03:18 PM
    Really? Nobody? Nothing? :( Please, any advice will do, I'm desperate, I don't want to leave in 2 weeks, I need some more time with my partner...

    Apply for GC...as you become illegal its easier to get GC. Only people who legal and law obeying to need to be in line for years.





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  • whitecollarslave
    03-06 02:48 PM
    The greater danger in our lives is not that we set out aim to high and fail, but we set them too low, and still do.



    .

    What are you talking about?
    Somebody here said Zoe Logfren was able to get her bill passed on wednesday. All I am doing is asking what was passed and where?

    Am I missing something?





    morchu
    05-21 12:39 AM
    I believe he just meant to say "not possible with one 140".
    He just mentioned it in a confusing way.

    "A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date."

    The petition mentioned here is an I140 for EB1/EB2/EB3.

    So it doesn't hurt to have more I140s approved. Whenever you do a "subsequent" petition, you just claim the earliest priority date (of the already approved ones).


    I understand two I-140s, one existing (EB-3) and second new I-140 (EB2), but you have also mentioned more. Why need more than two, in what circumstances?





    chanduv23
    05-21 01:14 PM
    Thanks guys. I am going to Lake George by NY-Canada border and this seems like good info. But I am from NJ and we have the new tamper proof Drivers licenses which show immigration status and you need to produce all immigration papers to get one. Isn't that enough??

    Carry ur passport and h1b ddocument - DL is not enough



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