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  • alterego
    12-03 12:09 AM
    It certainly seems like the RFE rate for supportive evidence has increased recently. Certainly for the 140 cases but also for other petitions as well. I had never received an RFE before, but recently got 2 for different petitions. An RFE always makes you a little antsy no matter how routine it is.
    We are also hearing about PERM audits higher and denials also more frequently.
    So far the RFEs seem to be for the common issues, like ability to pay, education qualifications etc.
    It might be a good idea for someone to compile a list of typical RFEs at various stages. The rest of us can start adding for the benefit of those who get one in the future. In fact it might have been done already. I remember Logiclife putting something together during that 485 filing time in July/Aug.





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  • dixie
    11-28 05:38 PM
    7th year extension was instituted as part of AC21 - which was a major immigration package backed by the tech industry (somewhat like SKIL) including the provision to increase H1-B quota to 195K. Point being unless there is some powerful godfather for such a bill - whether it is big business or the pro-illegal alien lobby , congress is not going to prioritize some piecemeal legislation just to give us relief. Right now the tech industry is pushing hard for SKIL while the illegal alien lobby is pushing hard for CIR. Our best hope is to ride either of these bills .. and I am sure core team is always on the lookout for any other bills that we can possibly hitch on to. Just that its not all that easy to do.

    I think it was Collin Powell that help passed the 7th year extension and one year extensions there on if LC is pending for a year..this was passed since there was a crisis with delay in LC adjudications....so we are at a point that we need such a relief soon...we are heading towards such a crisis point..soon...





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  • jthomas
    11-20 05:26 PM
    I don't know how to start a new thread

    send your comments on

    http://power.elecdesign.com/Articles/index.cfm?articleid=17564&StyleName=maroon


    IEEE Agrees with SIA on H-1B Visas for Foreign Engineers, Scientists





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  • skynet2500
    06-25 01:06 PM
    I am also in similar suituation. My lawyer told me that my H1B status is maintained for 240 days after my visa expires. But you would need a H1B approval and visa stamping to enter country again.



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  • sanju_dba
    06-25 02:08 PM
    Your 797 approval notice will have updated I94 which will supercede your previous I94. The new attached referes to your 797 number starting with "RAC" or "WAC" like that.
    You need to submit this one too along with any old ones you have when you leave the country.





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  • vjonline
    03-02 11:17 AM
    I got this RFE more than an year back. The birth certificate that I had provided did not have my name and just said "male child". So I had to provide the following secondary information-

    1) An affidavit from my grand parents. Two different ones saying that they were present at the time of my birth.

    2) Affidavit from the Doctor that he was the person who performed the operation.

    3) Government issued Ids like driving license showing complete name with a picture.

    Hope this information helps.



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  • logiclife
    10-16 06:24 PM
    Hi Guys,

    My LCA has Computer Software Engineer as job title.I have 5 years of Experience as Oracle functional consultant.Currently I'm working as Oracle consultant.My 140 is approved and got my EAD card.In jan 2008 it will be 180 days of filing 485.I want to change my career towards IT Sales.

    I have an offer from an American Staffing company as a Technical Recruiter.The job responsibilities include hiring Software Engineers.But the job title is different from my LCA.I want to join this company using EAD in jan 2008 and apply AC 21.Today I have checked with my Lawyer this is what she says"

    In instances such as this, when we send the letter to the USCIS regarding AC21, we include the following details with reference to the job title. … Although the job title differs, the job duties are substantially the same. The title used by the company is their internal designation for this position."

    She says that i will be able to work as Technical Recruiter using EAD.Any one can suggest me on this?I have very little knowledge about AC 21 and how it works

    Thanks in advance
    h12gc

    Hmm, I am an oracle apps programmer too, although my job is more technical and less functional. Recruiting talent is a whole different job role than working as a functional Oracle apps consultant. Functional jobs (Oracle or SAP) is pretty much business analyst job, in my opinion.

    Now, you may use the same knowledge as you do, but still, its a different role and I think its highly risky to do this change. For example, let's say, you use same knowledge to work as a professor of computer science in University or as a practicing software solutions provider. IN both cases, you use same talent to do your job and use same knowledge and skills. But TEACHING is different job and providing software solutions is a different job.

    Same way, staffing/recruiting is different from doing functional analysis and I would be surprised if the job descriptions match close enough to fit in same job code. Try to get a good lawyer to match the job descriptions and interpret them into job code and see if the job codes are the same.





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  • champu
    03-12 07:04 PM
    Friends,

    Any advice on above post.

    Thanks.

    This is how it should be done...

    - request USCIS to port your PD from already approved I-140 from past employer
    USCIS may or may not do it for you

    - if not apply for I-485 using Category of 2nd (should be EB2) and PD from 1st one. You need to attach both of these with I-485 application and of course a covering letter stating what you are doing.

    Here is the extract from the law -

    QUOTE
    (3) Priority Date Based on Earlier Petition.
    If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
    Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
    UNQUOTE

    Disclaimer -
    I am not a lawyer and this is not a legal advise. You may want to talk a immigration attorney for exact interpretation



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  • asiandude2
    03-07 10:11 AM
    anyone has any suggestions.





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  • glus
    01-25 08:10 AM
    [QUOTE=macaca]USCIS has F1 file. If it illegal to apply for PERM while on F1, why did USCIS not reject PERM?

    I



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  • immique
    07-16 12:33 AM
    I think EB2 India may be retrogressed only for the month of September as most of the visas will be used in August itself. The dates will rapidly advance once again with the new quota in October. I think it is very likely that EB2 will be compensated with the number of visas that were improperly given to EB3 last year. So I expect EB2 to receive those extra visas from EB3 quota next year as DOS will try to compensate retrogressed countries in EB2 for the mistake that they made last year. If this happens, EB2 may become current very soon.

    I strongly think DOS tried to compensate EB2 this year itself with the visas that were improperly given to EB3 last year after it received the directives from the US Congress. But unfortunately DOS could not compensate EB2 with the lost visas this year as there were no visas left in EB3 by the time they realized their mistake about 2 months ago as EB3 used most of their visas. This is exactly why DOS made EB3 unavailable so that they can compensate EB2 atleast to some extent. By law they are required to compensate a category that was artificially retrogressed because of their mistakes. It is highly unlikely we will see any significant movement in EB3 ROW or retrogressed countries until the entire EB2 category is current as EB2 will be compensated from EB3 quota. If EB2 is compensated with the visas from the new quota in October, then I expect EB2 including India and China to become current by the end of the year or early 2009(before March 2009) itself.

    Once EB2 becomes current, I think EB3 India will get equal spill over as EB3 ROW as both the categories will be retrogressed and will move equally(as per PD) with the spillover from EB2 and EB1

    yes. there is a possibility of some retrogression for EB2 India/China in the comming bulletins. But that is just for few months and it might be a mild retrogression as long as there is horizontal fall outs of spill over visas.





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  • chanduv23
    05-30 03:16 PM
    Laws are not straightforward. They are bent, mended,amended etc... based on needs.

    Current need is a Mexican population vote bank and American vote bank

    Amnesty to Illegals - Mexican and latino immigrants love it - vote bank

    Punishing h1b - Americans love it, Indians and other immigrants who already got GCs and citizenships love it as it reduces competition and kills it, so they love it - vote bank

    Doing something for h1b - Latinos wont care, Americans wont like it, Industry will lose control over h1b if h1bs start getting GCs - no vote

    Increasing h1b and allowing employers to show GC carrot - employers loveeee it

    Punishing h1b severly - disaster for economy - so some relaxations will be made.

    Overall - our lives will improve bit by bit due to efforts of organizations like IV etc...



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  • prasadn
    11-12 04:20 PM
    LEBANON
    Visa can be obtained on arrival under certain conditions to:
    - businessmen and other top professionals residing in a GCC
    member country (see TIRGL/GCC ); OR
    - businessmen with prior approval from Lebanese Immigration; OR
    - tourist groups.

    LIBERIA
    Visa required.
    If arriving from a country without diplomatic representation of
    Liberia: visa issue on arrival possible if holding telex confirmation
    from the station manager of delivering airline.

    MACAO
    Visa not required for a stay of max. 30 days.

    MADAGASCAR
    Visa required. A 90 days visa can be obtained on arrival.

    MALAYSIA
    Visa required. However, if coming for touristic purposes, visa can be obtained
    on arrival, for a max. stay of 30 days.

    MALDIVES
    Visa required, which can be obtained on arrival for:
    1. a max. stay of 30 days, provided holding:
    - hotel confirmation; and
    - sufficient funds to cover stay; and
    - onward/return ticket for next destination.; OR
    2. a stay of more than 30 days, to a max. stay of 90 days,
    provided passenger has:
    - a local sponsor, who must inform Immigration at Male at
    least 1 day prior to passengers arrival; and
    - onward/return ticket for next destination.

    MAURITIUS
    Visa not required for a max. stay of 15 days for touristic purposes only.

    MICRONESIA
    Visa not required for a stay of max. 30 days, provided coming for
    touristic or visitor purposes.

    MOLDOVA
    Visa required, which can be obtained on arrival at Chisinau Airport provided:
    - arriving from a country without diplomatic representation of
    Moldova.

    MONTSERRAT
    Visa not required for a max. stay of:
    - 3 months, provided travelling with passport;
    - 14 days when travelling with other documents.

    MOZAMBIQUE
    Visa required. However, if coming for touristic or business purposes, visa can
    be obtained on arrival (at airport only).

    NEPAL
    Visa not required.

    NIUE
    Visa not required for a stay up to 30 days provided holding:
    - confirmed return/onward ticket; AND
    - documents required for return/onward journey; AND
    - sufficient funds.

    NORTHERN MARIANA ISLANDS
    Visa required. However, if holding U.S. entry visa, visa not required
    for a max. stay of 30 days, provided U.S. visa:
    - is valid for 60 days from entry date into CNMI; AND
    - allows re-entry back into the U.S.A. on departure.

    PALAU ISLANDS
    Visa required, which can be obtained on arrival for a stay of max. 30 days.

    PUERTO RICO
    If arriving directly from Mainland U.S.A., Alaska, Guam, Hawaii or
    U.S. Virgin Islands no entry documents required due to no immigration
    control.

    QATAR
    Visa required.
    The following visas can be obtained on arrival:
    - 14 day tourist visa, provided application submitted to
    airport immigration at least 24 hours before arrival by
    any of the registered hotels in Doha.
    Passenger must also hold proof of confirmed hotel
    reservation and at least USD 1,400.- or any major credit
    card; OR
    - 7 day business visa can be issued at Doha airport
    provided notification received at least 48 hours prior to arrival.

    SAMOA
    Visa not required if holding a visitor's permit, which can be obtained
    on arrival for a stay of max. 60 days.

    SAO TOME & PRINCIPE
    Visa required.
    Visa may only be granted on arrival provided prior arrangements have
    been made by transporting carrier up to 24 hours prior to flight
    departure. Max. stay of one month allowed.

    SEYCHELLES
    Visa not required as Visitor's Permit for 1 month (depends on validity
    of ticket) will be issued on arrival provided holding:
    - onward/return ticket or otherwise ticket must be purchased on
    arrival; AND
    - sufficient funds (USD 150.- per day) and proof of
    accommodation during stay.

    SIERRA LEONE
    Visa required. However, visa on arrival is also possible under
    following conditions:
    - no diplomatic representation of Sierra Leone at point of
    origin; AND
    - sponsor or contact person in Sierra Leone should arrange
    Landing Permit with the Principal Immigration Officer.
    Details of such Landing Permit should be given to the
    Station Manager of transporting airline at least 48 hours
    prior to arrival.

    SRI LANKA
    Visa required, which can be obtained on arrival for a touristic stay
    of max. 30 days.

    ST. KITTS-NEVIS
    Visa not required for a stay of max. 3 months.

    ST. VINCENT AND THE GRENADINES
    Visa not required for a max. stay of 1 month.

    TANZANIA
    Visa required, which can be obtained on arrival.

    THAILAND
    Visa required.
    Visa can be obtained on arrival (ONLY at Bangkok, Chiang Mai,
    Chiang Rai, Hat Yai, Phuket, Samui Int'l, Sukhothai, Surat
    Thani, Utapao airports) for a stay of max. 15 days, provided:
    - coming for touristic purposes; AND
    - passport is valid at least 6 months; AND
    - holding onward/return ticket; AND
    - holding USD 250.- per person or USD 500.- per family.

    TIMOR LESTE
    Entry Permit can be obtained on arrival for a max. stay of 30 days.

    TOGO
    Visa required, which can be obtained on arrival for max. 7 days.

    TURKS & CAICOS ISL.
    Visa not required for a stay of max. 30 days.

    TUVALU
    Visa required, which can be obtained on arrival for a stay of max. one month.

    UGANDA
    Visa required, which can be obtained on arrival.

    VANUATU
    Visa not required for a max. stay of 30 days.

    VIRGIN ISLANDS (BRITISH)
    Visa not required for a stay of max. 30 days.





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  • GCBy3000
    11-28 04:28 PM
    Everybody in this forum knows this. Core IV is on top of these items and every IV member should have confidence that they will steer everyone in proper direction as and when required. Do not get panic and call for unncessary shots on this sensitive issue.


    I am not sure when the CIR will pass...its not on Nancy Pelosi aganda in forseeable future... and several people already mentioned that if it didnt pass by MAY07 then you are looking at Jan 09 to get immigration stuff to happen...

    I think we need to work on an interm EB relief bill ...which is absolutely non contraversial and try to pass it....not worring about piggy backing the CIR...

    Issues such as h1 increase or adding more numbers need not be in it...we can include things like EAD after I-140...spouse/childer not considered for EB quota...etc...

    Unless we act desissively now...its going to be a long way to 2009..



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  • hanu_78
    08-14 07:53 AM
    Count me in too
    I am totally pissed off with this system. The only wrong step which i took was applying in EB3 when i had three years of experience. Now i have a total almost 10 years experience in IT and still waiting like an illegal immigrant for GC.

    PD : EB3 SEPT 2002.





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  • yogi13
    07-19 09:26 AM
    As in my birth certificate my mother's last name was not mentioned , I have just obtained an affidavit from my parents(together) using one of the samples floating around. But I just found that there is spelling mistake in my father's first name in one sentence. But in other sentences, its correctly wriiten.

    Is it ok to send this with application?

    Thanks



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  • amitjoey
    07-18 04:54 PM
    Amitjoey,

    Don't you think it's a good idea to post:

    Total Contributions Received:
    Total Expenses:
    Balance:
    Efforts Undertaken:

    On a weekly or monthly basis by the IV Core?

    I think that would motivate fellow members to contribute more (or less in some cases).

    Gumnam


    Please see this video: http://video.google.com/videoplay?docid=2115477102106333532&q=immigration+voice&total=149&start=0&num=10&so=0&type=search&plindex=0





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  • tammigaw
    03-19 05:30 PM
    More H1-B workers in the labor pool and in GC Line ...so more outsourcing openings for Indian Companies ...:)





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  • anu_t
    07-12 11:53 PM
    oscarzumaran,
    Could you please stop spreading baseless rumours. Atleast on your happiest day . Thanks.





    ski_dude12
    04-22 11:37 PM
    Please do not give these kind of title for hypothetical cases.. I think we need tofocus on finding resolution to current stagnation than doing analysis paralysis.

    Yeah scared the hell out of me too.





    CHHAYA
    08-17 09:21 AM
    I have never joined to IV conference call so I don't know which number to dial and also if any pin or passcode number is required. Please give details of conference call.