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Friday, June 10, 2011

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  • perm2gc
    08-28 10:41 AM
    My lawyer filed my Labor certification stating that the job requires 'BS degree in CS'. My labor got approved last month.

    I hold a MS degree in CS and BS degree in Industrial Engg.

    Now while I am about to file for I-140, I am getting information from various sources that my bachelor's degree has to be in CS, irrespective of holding a master's degree in CS.

    Has anyone faced similar situation? How can I resolve this issue?
    Please help as I almost spent 4 years in LC backlog queue!!!!!!!!
    The DOl might have overlooked your case and you got approved..your education no way fits with your employment AD. Have a serious discussion with your attroney and employer.

    Good Luck!!!

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  • rajeshalex
    08-14 02:58 PM
    Send the photo to USCIS and also sent the RFE copy to ombudsman

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  • jimcourier
    06-04 04:36 PM
    Hello Folks,
    I have a very urgent situation and would really appreciate your help.

    Background :-
    H1-b holder through consulting company A, filed for extension in Dec 2008 and got approved in 10 days for a valid duration till Nov 2011.
    I was working with them on client projects through-out, and have valid pay-stubs until May, and possibly even June.

    But I found a full-time job with a small company, who also filed for my H1 transfer. The application packet received USCIS on May 26, and they sent an RFE which was received by us on June 1, along with the Receipt notice. The RFE was for proving my duration of stay outside the US, since my lawyer put that time towards recapture. In hindsight, I should have asked them not to, but what's done is done.

    Anyways, my documents have been received by USCIS on Wednesday, and I have no updates yet showing up online.

    I have to leave for India on Saturday for my wedding next weekend.

    My possible scenarios :-

    1, Case status online changes to Approved, I can travel to India before receiving the approval notice ?

    2, Case status is still pending, they need more RFE. In that case, can I ask my new company to provide the RFE when I am in India ?

    3, Case status approved, I wait for a couple of days before I get my I-797 approval notice, that means I will have to change my travel plans. I really can't put it off, since I am traveling for my wedding next weekend.

    Can someone advise ?
    My travel to India is definitely happening, but can I go and get my visa renewed along with my wife, and come back ?

    Thanks, and keep up all the good work.

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  • rockstart
    06-21 06:28 PM
    The business analyst you are mentioning is classified as systems analyst in USCIS code. In this case its prefereable to have computers or electrical degree. A civil engineering degree is little difficult to understand

    Other than a MBA or MS, what else could be a better qualification for Analysts / Business Analysts??? Why shld they question the need for Masters? I was of the opinion that for a Business Analyst type profile, MBA would be apt / required to perform the duties.... your thoughts?


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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!

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  • raminmd
    09-15 01:11 PM
    I would like to think that there are lots of members who are interested in participating in campaigns like this. I participate in most of IV campaigns and have sent flowers and called all reps for 5882. This is a campaign that I would be interested in participating in. If you are going to chat about this on IV chat (which many members cannot access because of restrictions), then please post the transcript and summary here so that we can at least understand the viewpoints of the participants and the action plan.


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  • kumar1
    03-20 03:50 PM
    What about all H1-B, L-1, J-1, K-1....all potential EB immigrant, pick a date and do not spend anything on that day. That will hurt this economy and get some attention. Please do not tell me that people on H1 and L1 do not make and spend enough money.

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  • satishtr
    04-23 09:29 AM
    Passage of Immigration reform in the senate was not at all a problem, they have passed it more then once before. It is the house that rejected all of them. No wonder pelosi dosn't want any of it :), but again she is a strong women who passed health care reform... There is more probablity of this thing going through if the house passed the resolution first, just like the other legislation.


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  • geniousatwork
    04-13 03:26 PM
    Congratulations....Hope we have more approvals.

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  • chanduv23
    10-24 01:56 PM
    Thanks for responding. What happens when we get a RFE or NOID. Could we respond by ourself then? My case is not complicated at all. As straight forward as it could get.

    I am going to search in this forum for sample covering letter. But if anybody has the info handy please let me know.

    Thanks guys!


    RFE and NOID come with a color sheet of paper with your details and some USCIS internal codes for your case. You can respond by yourself and put the sheet on top - this is for the mailroom to handle your case


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  • itsmesabby
    06-28 09:39 PM
    Thank you so much Elaine for your quick response..

    So am I correct to assume that there is no need to renew the I-94 if one enters using the AP.. I am myself also planning to use my AP for re-entry later this year, but have the H1-B approval valid till 2011, so was a little confused as to if I would be needed to renew my new I-94 if it is issued for 1 year based on AP..

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  • martinvisalaw
    04-19 02:44 PM
    Hopefully you can address the CIS concerns about where you were working by showing that the I-140 is for a future position, and it is irrelevant (for permanent residence) where you worked in the past. However, your past locations are relevant in showing whether or not you maintained H-1B status, and can also suggest that the employer's labor cert for one specific location is incomplete, if it traditionally moves employees around and if it disn't say multiple locations on the labor cert and I-140.. Good luck.


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  • amulchandra
    02-06 05:54 PM
    Hi Anand,

    I am in the same boat as your spouse. I am on H4. Just today I got a very harsh reply from an attorney saying that I cannot volunteer in any way that is related to my field ( I am an IT pro) even in a non-profit organization. I am little bit upset after this episode because I wanted to volunteer for a non-profit Org.

    In the land of opportunities I don't have opportunity even to volunteer in a non-profit organization to keep in touch with my subject. First time I realized that I am living in a prison.

    Don't take my word. Consult an attorney because H4 holder volunteering in one's own field is illegal it seems. Wish you all the best.


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  • Munna Bhai
    12-19 02:01 PM
    I got 7 years of experience, i have submitted those experience letters while filing, what they are asking is that the job description is missing from experience letters.

    the companies which i have worked for they no longer exists.

    ofcourse that is what they want,the job description. What you have done during those 7 years. You need to put that in experience letter.


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  • Wish_Good
    05-07 01:00 AM
    Morchu's suggestion is a very good one. You file for a premium H1 with all the documentation and new approved I140. Can you share why your previous 485 was rejected?


    Hi Krishnam70,

    Here is my complete details:

    Company A:
    I was on my 7th year of H-1B visa (6th year expired on Apr30th 2008).
    Labor approved Dec, 2006.
    I-140 applied in June 2007. (Got RFE regarding my Educational Transcripts
    which we responded in time and USCIS received on Dec 5, 2007)
    I-485 applied in Sep 2007
    Got EID and Advance parole approved.
    I-140 Denied on Apr 3 2008.
    I-485 Denied on June 26th, 2008(Denied because I-140 was denied).
    Applied for MTR (I-120 B)for I-140. But denied again on Feb, 2009.
    Applied one more MTR (appeal)for I-140 on March 13th, 2009 (check cashed by USCIS.. receipt copy not yet received).

    Company B:
    This Company applied for my Labor (Perm) on Apr 21, 2008.
    Got Approved on June 24, 2008.
    H1 approved for this Company in July 2008 (Valid upto July 13th 2009).
    Joined this company in Aug 2008
    I-140 approved with this company Jan 2009.
    Jan 23, 2009 H1 extension applied... Got denial notice on 30th march 2009 (dt.mar24, 2009)
    Denial Reason: I-485 is denied in June 2008. So, I am not eligible under 104(c) or 106 of AC21 act.
    Applied MTR(Appeal) on this H1 Denail and got Receipt. Waiting for response.


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  • saimrathi
    08-10 02:13 PM
    Please post in Media thread...


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  • print0104
    08-28 05:01 AM

    I am currently under H1-B status, and have received a visa stamp at the embassy in my home country. But my H1B visa is going to expire on September 30, 2007 and I have taken a long break for my health problem from my "current" employer since last year December. Now I am in my home country. Recently a US law firm wants me to work for them and starts to line up an interview for me. What's possible result of my H1B status and what's your suggestion? Thank you very much~~


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  • whiteStallion
    01-20 02:24 PM
    Great looking site ! Kudos to all those who made this happen over the past few days ! Way 2 go...

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  • BharatPremi
    12-05 05:09 PM

    No offense, but why have you opened 2 threads with very similar information and questions?.

    Both threads can not be said "Similar". First one is related with Soft LUD and this one relates to strange 485 approval. So I do not know how did you derive similarity between them. Now general perception is that "SOFT LUD" means nothing. Mostly that perception seems to be correct but it is not always so. In my case, somebody at USCIS reentered the address and hence I got the soft LUD. When I called to USCIS I found about that and USCIS lady herself insisted then to verify my present address "because somebody made an entry today and that without change of address request". Another example I can give you is around 2 years back, I do not remember exact time period but general observation was after 10 days of having soft LUD on 485, people (Ofcourse some cases but considerable number so on many threads people discussed that at length...)used to see "Current" for visa bulletins and get card production ordered emails...

    09-03 01:21 PM
    Other EB2 threads have so much rejoicing going on, that we Eb3 folks are virtually left out as orphans!:mad:

    05-04 07:58 AM

    My H1-B expires in August 2011. My I-94 was stamped only until May 20, 2011 because my passport was expiring early. Now I have a new passport.

    In March 2011, I also applied for a renewal of my Advance Parole(AP) and EAD and they are still pending approval.

    I am planning on travelling to Canada next week by road(through Detroit) to get my I-94 renewed. So If I travel to Canada, will my AP application be considered abandoned?

    Also, can I just cross into Canada by road, wait for a couple of hours and come back into the US to get a new I-94. I know usually you don't surrender your I-94 when visiting Canada for less of 30 days.

    I am hoping I would be able tell the Canadian/US immigration officer that I need a new I-94 and hopefully surrender my older I-94 and get a new one when coming back in. Please let me know if thats not possible and I need to fly to Canada to get a new I-94.


    You may try going to the nearest CBP office. We had the similar situation (except our visa on the passport was expired) and visited nearest 3 CBP offices. Two offices said that since it is not CBP's fault you have to extend the validity of I-94 via I-539 but the third office issued a new I-94 without asking any questions.

    Technically they only fix the errors made by their officers but they can do it if they want.

    Since you have a valid visa on your passport so you have an option to go out of country and come back with new I-94 or you may try visiting CBP office.

    If you plan to visit CBP office, use the word error not correction- just staple both passport together and hand over along with I94 and I797 and point them to the date of I94 vs I797 and let them interpret.

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