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  • LostInGCProcess
    11-06 02:39 PM
    Does she have EAD? If not on H1, she needs to be in EAD. (or other status like F1 etc). Otherwise she is out of status. In that case, H1 will be denied because an H1 application while out of status will lead to denial.

    There is no mention from the original poster that she was out of status at any time. Also, one need not have an EAD, just to be in status. Your GC (i-485) is for future job, so, technically you can just sit at home...till you get the GC. But you must have a permanent offer letter from the GC sponsored company.




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  • Macaca
    02-20 11:58 AM
    washingtonwatch has survey for CIR (S 9). I encourage every one to post comment and vote.
    http://www.washingtonwatch.com/bills/show/110_SN_9.html#usercomments

    I see the following kind of posts at the above kinds of sites.

    I am almost 7 year in this country
    this country gave me lots of opt. but i am stuck with EB3 i am unable to file I-485 lets hope +ve for this bill please push this bill
    lets pray to God together.

    I don't see the following kind of posts at the above kind of sites.

    I have been folllowing IV for some time now and i feel core are just bunch of useless and ineffective group of people, with zero track record....... they are going to achieve NOTHING!!!!!

    Such a post would replace the word IV with Senate/House and the word core with the names of four important persons involved with our issues:
    1. Nancy Pelosi (Madam speaker),
    2. Zoe Lofgren (Chair, House subcommittee on Immigration),
    3. Harry Reid (Senate Majority Leader),
    4. Ted Kennedy (Chair, Senate House subcommittee on Immigration).

    Come on TIGER these are the sites to vent your frustation. You will get your GC (overnight delivery or even personal delivery by Nancy Pelosi + Harry Reid) with the above kind of posts. It will also show the way to the dumb contributing IV members.

    Please lead the way at the above kind of sites.




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  • mtsaha
    08-09 01:51 PM
    Hi All,
    Now there are 3 possibilities for "alien receipt number" that is supposed
    to be written behind my photos to be included with I-485:
    -1- the filed i-140 receipt number
    -2- a number that appears in i-140 approved letter
    -3- the A# from my F1-OPT-EAD (this is called "alien registration number for sure")

    Any more clarifications on which one of the above three is actually "alien receipt number"?

    Thank you so much!
    Mtsaha




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  • txh1b
    08-18 09:32 AM
    Please see page 8-10 of the I765 form instructions for more information. It is clearly written that it has to go where your area falls under for the (c) 9 category.

    http://www.uscis.gov/files/form/I-765instr.pdf

    If you are in Boston, it should go to TSC irrespective of which center your 485 is pending.



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  • lelica32
    11-05 11:31 PM
    Please send him letters to the following address:

    Barack Obama
    5046 S Greenwood Ave
    Chicago, IL 60615-2806


    Let him knows about our problems.

    I will send tomorrow a letter.




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  • sc09876
    08-17 03:17 PM
    Hello,
    My I-140 got denied based on my Education.

    I have 3 yrs + PG Diploma which is equivalent to US Degree according to my education evaluation.

    Experience:
    - 6 yrs of OUTSIDE USA experience
    - 5 yrs of USA experience including 2 yrs of experience with current company.
    - I am working as FULL time with an American Company at present

    The JOB Description for PERM was:

    "Bachelor’s degree in Computer Science plus 5 years experience; 3 year Bachelor’s degree plus 2 year post-graduate diploma in Software Engineering and 5 years

    You dont say your category. I am assuming this is EB2 for which such denials are common place these days. Pls update your profile.
    Long story short, it is on the education evaluation mapping to the requirements of the PERM position. Bachelors Degree in computer science means a 4 Year under graduate degree in US in the field of computer sciences or its foreign equivalent. USCIS does not equate 3+2 > 4. It may work for H1 petition but definitely not filing a 140 in a EB2 category

    That you dont specify what kind of 3 year degree you got is another matter.

    You need to consult a good attorney for options assuming that it is your attorney who got you into the trouble in first place by not making sure what is advertised for is what you got.

    go to Murthy or Shusterman or Ron. I dont hold brief for any one, but all of these are experienced enough to have handled similar cases. Dont rely on people's suggestions here. I dont mean to demean people who offer suggestions in good faith, but what worked for some one may not work for you.



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  • life99f
    05-25 09:33 AM
    At least, the article shows the TWO side's stories from the people who against us and the people who favor us.
    And more important is finally someone is focusing on EB problem.

    Did you think it was for us then?




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  • Blog Feeds
    05-05 06:50 AM
    As leaders in NAFTA visa processing we like to update our readers on different visa categories and updates. This article is provided by our TN Visa Lawyer, Attorney Andrew Desposito.

    For many who come to the U.S. seeking work, there are only so many visas through which they may legally work. It is because of this issue that U.S. lawmakers have been strict on immigration enforcement of illegal immigrants trying to work in the U.S., in particular those coming from Mexico.

    For Mexicans and Canadians, the nonimmigrant NAFTA professional (TN) visa allows citizens of Mexico and Canada, as NAFTA professionals, to work in the U.S. in a prearranged business activity for a U.S. or foreign employer.

    So what does this mean for you?

    What this means is that if you are a person that works in a certain field, and have the education that corresponds with that field, you may be able to apply for the TN visa. Unlike the H-1B and its cap on how many visas are granted each year, or the J-1 and H-3 visas and their limited durations, the TN visa may be granted for up to three years and can continually be renewed toward the end of its duration. There are certain requirements of eligibility for the TN visa.

    With some exceptions, each profession under the TN visa requires at least a baccalaureate degree as an entry-level requirement. If a baccalaureate degree is required, no work experience may be used to substitute it. In some professions, an alternative criterion to a bachelor�s degree is listed. For some professions, experience or licensing is required in addition to the degree. It is therefore crucial to know what field you may qualify under before seeking this visa.

    Once you have determined that a TN visa is available to you, the next step is to find a U.S. employer willing to hire you in the job category related to your experience. During this time of economic growth, many companies are capable of hiring individuals from Mexico and Canada to fill those positions in the U.S. at very little cost. The visa itself is inexpensive to apply for at the U.S. Consulate or the Port of Entry. This makes it a far more attractive option to U.S. employers instead of the H-1B or L-1A visa and its many filing fees that come with it.

    With an employer willing to sponsor you for the TN visa, all that remains is preparing for your TN visa.

    Preparing a perfect TN Application

    There are many little parts that go into putting together a successful TN visa package. There should be no question in the mind of the immigration officer at the Port of Entry or the U.S. Embassy that you, the employee, meet the position requirements as listed under appendix 1603.D.1 of the TN visa, and that the company is an established business that has the need for your position.

    The immigration officer will ask questions regarding the nature of the business, the position you will be employed in, what your position entails for the company, and may even ask for examples of work that relate directly to the position being applied for.

    The Technical Publications Writer is a TN visa category that many individuals can be qualified to work. The position requires a Baccalaureate or Licenciatura Degree or Post Secondary Diploma or Post Secondary Certificate, and three years experience. The degree requirement is very broad in that all it takes is a degree or diploma in a related field to the company that the position is held. For instance, there was a case where the Technical Publications Writer was to assist a new media company in the design of its materials for publication on its websites, revise product instruction, and review and research social media publications. A degree in English was the related degree necessary to fulfill the duties of her position.


    When trying to figure out if one has the three years experience as a Technical Publications Writer, the occupational outlook handbook provides guidance on whether one can hold such a position. A Technical Publications Writer helps a company by reviewing published materials, recommending revisions or changes, arranging typing, duplication, or distribution of materials, as well as editing, standardizing, or making changes to materials prepared by other writers.

    The Technical Publications Writer may also complete specific writing projects for the company. Looking at a person�s prior work experience, it is not usually difficult to see that many duties one performed were similar to what is required of a Technical Publications Writer.

    Although work experience and degree are the requirements to holding the position, as outlined in the Appendix, a person should be able to bring other work that has been done to show they can produce something that is published. What this means is that an immigration officer at the embassy or the port of entry may feel the person does not fit the job description because they have not published something.

    Although there is nothing in the requirements for that position requiring a published material, it is good to be able to show one�s prior work has been published in some capacity. This is good for when a person applying for the visa gets an officer who does not understand that the word publications in the TN profession does not mean a person must be published to hold the position. A recent client went through this similar situation where they were not convinced the person should be a Technical Publications Writer because they did not have any published material.

    As attorneys who have worked on many TN visas, we know what immigration officers are looking for in their interview with TN professionals. We understand that many of them need to see for themselves how your position and your background meet the requirements of the TN position. We have helped people get TN visas as Engineers, Lawyers, Management Consultants, Technical Publications Writers, and Economists. No matter your personal background, being a professional under a TN visa is as simple as finding out what position fits you best.

    Although some positions do have specific degree requirements, such as a lawyer, other positions require a degree in a related field, such as for the Technical Publications Writer. With an attorney that understands little nuances like this, it is possible to get your TN visa wihttp://www.h1b.biz/lawyer-attorney-1137117.htmlthout the wait through the USCIS process for other work visas.




    More... (http://www.visalawyerblog.com/2011/04/tn_visa_attorney_the_technical.html)



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  • dontcareanymore
    05-12 12:51 PM
    Does frankfurt require transit visa if some one is traveling to India if:

    A) While going to india and have H1/H4 valid until 2011, but stamping expired.

    B) while coming back to USA if I am planning on coming on Advance Parole ?

    How long does the airport visa take ? I traveled through FF in 2005, but I had valid H1 stamp. It is expired since and perhaps wont get stamped before coming back, but use AP.

    <edit> This is what I found on the germany.info site

    "Indian, Turkish, Nigerian and Ghanaian airport transit travelers who

    - are holding a valid visa or other residence permit for the USA (this includes advance paroles, but not approval notices), Canada or Switzerland and travel to the country which issued that visa or residence permit

    or- after a legal stay in the USA (this includes holders of valid approval notices), Canada or Switzerland- return to the country whose citizenship they hold"

    </edit>




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  • wandmaker
    06-19 08:04 AM
    This document is mandatory - why don't you either ask your lawyer for a copy or call up USCIS and explain the case. Another option would be to send your Online status (from USCIS website), either way - I recommend you get your I485 receipt and then scan all your documents and email it to yourself for future use.

    Aah_GC: Lawyer might not have received it from USCIS otherwise irrational would not be writing it here :) Many who filed during July 07 fiasco have not received the 485 receipt notices (lost in mail) from USCIS.

    irrational: For EAD renewal, you can use your biometric notice as a proof of filing for I-485 to extend EAD and you make sure give correct A# on the form , with this USCIS should be able to pull your records. Also write a cover letter stating that you have not received the 485 receipt notice from USCIS, thats it. Nothing to worry, Go ahead and file without 485 receipt notice copy.



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  • glus
    10-15 11:16 AM
    There is nothing illegal about working part-time using EAD while working full-time on H1B. It has nothing to do with last entry into US. In fact, EAD has nothing to do with entering US. To enter US, you need either a valid visa or valid AP. IO won't even ask you about your EAD.

    EAD and H1B are mutually exclusive. If you are maintaining proper H1 status (ie, have a valid H1 status and working full-time for the job for which you have H1), it is completely legal to do flip burgers or drive cabs using EAD to supplement your income. It does not affect H1 status. I have confirmed this with multiple attorneys on multiple occasions.


    The above is 100% correct. The immigration law does not "invalidate" H1 status if one uses EAD to work P/T or second job if All the H1 requirements are met and the person continues to work for H-1 sponsor at the same time. Then, one is still in H-1 valid status. If one leaves H1 employer or switches to a different employer LEAVING the original H1B employer by using EAD, then one is no longer in H-1 status.




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  • msp1976
    05-19 04:24 PM
    I want to start a new thread But donot know how to...


    Core Team,

    As you know there are a number of applications stuck in PBEC and DBEC.
    These are operated by Exceed corporation. I have a proposal that I urge you consider. Please send a memorandum from IV to exceed corporation stating that if we donot see faster results from the backlog elimination centers we would urge the senators to exclude Exceed Corporation from getting any contracts from Federal government originating from CIR..

    This should light some fire under PBEC and DBEC...

    Please do this to bring some relief for folks stuck in the BECs.....

    Moderators please make this a separate thread.....



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  • anjs
    11-15 02:02 PM
    Can some one post the link to TN chapter




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  • saileshdude
    04-16 11:23 AM
    Hi RareRFe,

    Can you post a scanned copy of your RFE here. You can take out all the personal info.



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  • waitin_toolong
    09-17 10:52 AM
    I dont understand your first question, what do yo mean be switch to company A using EAD as well as on H1 for B.

    you cannot use both H1 or EAD at the same time.

    If company A is dying then it might be better to switch with the understanding that I-140 will not be revoked but if an RFE arises then someone will be able to provide docs etc.
    As for H1 renewal you cannot pay yourself maybe an equivalent reduction in salary might work




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  • amit1234
    08-27 08:19 AM
    Hi,

    can any lawers give me reply?


    Thanks in advance



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  • nosightofgc
    04-05 09:59 AM
    I am scheduled to close my refinancing (changing from conventional to FHA). Quicken Loan processed my loan - of course their charges are a lot more than others. The point is, I did not face any objections so far due to EAD status. Of course they asked my EAD copy a few times. Hope this helps!




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  • gc_buddy
    11-18 02:35 PM
    Dear Members,

    One of the IV member recieved a phone call from Ombudsman office and is as follows.

    -----------------------------------------------------------------------
    I received a phone call (WOW!) from a sweet lady from CIS Ombudsman's office. I sent letters to his office and in the letter I mentioned my cell #. Anyway she wants a real person who got deniel. I told her that my friend got deniel (IVens are my fried). Anyway, she sent an email too after I asked her to give her info so that my friend can send her his case details. Unfortunately, the email I received shortly after the conversation, looks like general and does not have her ID. Please PM me if you like to hear more about the phone call.

    ==================
    Thank you for your correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman).

    We greatly appreciate your comments regarding issues concerning the American Competitiveness Act in the Twenty-First Century Act of 2000 (AC21) processing at the service centers. As we have received several inquiries such as yours, we are currently discussing these issues with USCIS and reviewing their policies and procedures regarding adjudication of these petitions.

    If you have evidence of a specific I-485, Application to Register Permanent Residence or Adjust Status case that you feel was erroneously denied due to USCIS not adhering to AC21 guidelines, we kindly ask that you please immediately forward us a case problem request, including a copy of your denial notice, detailed information as to the reasons for the immediate denial, and, if appropriate, evidence that you have submitted a Motion to Reopen or Reconsider.

    Instructions for completing a DHS Form 7001 (case problem) can be found on our website: http://www.dhs.gov/ximgtn/programs/e...l_0497.shtm#10.

    Please submit your case problem and supporting documents via email to cisombudsman@dhs.gov or via facsimile to 202-357-0042 with the subject AC21 Evidence of Immediate Denial.

    Thank you for your cooperation.

    Sincerely,

    CIS Ombudsman
    (cmp)
    ----------------------------------------------------------
    The issue is gaining attention. This is the exact time to crack it down. Guys, who have not sent the letters yet, please do now.

    With the issue gaining momentum, we will defintely get some relief for AC21 issues. Please do send letters




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  • va_dude
    02-17 05:06 PM
    I wonder why they even need new FPs, its not like i shed my skin and grew a new one with a new finger print.

    Just another wasted step in "the" process i guess :)




    eb3_nepa
    07-18 10:28 AM
    ^^




    gcnirvana
    06-22 12:12 PM
    If you have MS Office Document Image Writer installed in your system then after editing ur PDF, you can print it to MDI and it will save it as an .mdi format. You can take a print out of it later at your convenience. Only issue is, it saves it as an image and you cannot edit an .mdi doc :o

    Dude. Filling up forms is not a one time job and not 100% accurate the first time. U will make changes right???



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