Saturday, June 11, 2011

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  • enggr
    10-02 09:47 AM
    Dear Friends/attorneys,
    Is it possible to request an EB2 to EB3 conversion after a I-140 RFE? I kindly request you all to help me.

    I finished my 4-year engineering course in year 2000 and started working with the company which I got recruited. My degree has year 2002 due to the last supplementary exam. My attorney put the graduation as year 2000 and counted 5 years of experience from there (Because my degree has 2 dates on it). INS is counting only 3.5 y ears of experience after degree completion.

    I think the only way I can survive this RFE is to request for an approval under EB3 category. The unlucky part is I didn't get that as an option in the RFE itself (which many people got).
    The paper ad as well as labor certification is not specific about "progressive experience" or experience after degree completion. The ad just says Bachelors degree with 5 years of experience.
    Please advice me how to respond to this RFE in a safe manner.
    This is what the paper ad says "F/T MS Degree or equivalent in Engineering field OR BS Degree or equivalent with five years ex "

    EB2 PERM : Aug 2006.
    EB2 I-140 (REG) : Nov 2006.
    EB2 I-485/ EAD : July 2007.
    EB2 I-140 RFE received : Sep 2007.

    RFE
    ---------------------------------------
    "Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
    If the beneficiary received a degree prior to 2002, please submit a copy of that degree."
    ---------------------------------------




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  • sr123
    11-21 09:10 AM
    Semt email.




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  • mach1343
    10-13 03:01 PM
    Doesn't matter casuals or formals.




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  • dixie
    02-15 10:11 AM
    Definitely an idea worth considering. Of late we hvae had too many "new members" who turn out to be 2-3 post wonders - get their questions answered and vanish without a trace. But given the subsidy mentality prelavent among our "educated and skilled" community, I doubt the idea will fly.



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  • moonrah
    08-27 10:41 AM
    Does anybody know which is the current processing date for audited PERM cases? DOL claims March -May 2007 PDs, but I personalley know people filed in Oct 2007 and got audited due to Fragomen are approved. And also can somebody confirm if there is only one processing center (Atlanta) for PERM processing




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  • PHANI_TAVVALA
    06-04 09:52 AM
    Hello, I am trying to get all the sponsor documents together for my parents visitor visa stamping. I am having some problems getting a bank account verification letter. I have a checking account with a bank in Indiana (I used to stay there 2 years back) which I still use regularly. Most of my transactions are performed by internet banking and my pay checks are deposited directly into this bank account by my company. I have requested them to send a verification letter for which they replied in negative as they can do that if only I can be present in person and not over the phone. My current account balance in this account is around $12,000 and I have bank statements for each month going back to Feb' 2007. Can someone let me know hpw to deal with this situation ( I would really hate to drive/fly 700 miles to just get a bank letter).

    I also have a problem with other bank deposit I have. It is a exclusively online HSBC savings account and I have $12,000 in this account with statements going back to July 2007. I could not get proper answer from customer service for my request to give me a account verification letter and I am not sure how to deal with this situation either.

    Can someone please help me. Is account verification letter from the bank manager a must as mentioned on i-134? Wouldn't the bank statements suffice?



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  • shsk
    07-16 11:40 PM
    thk u very much




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  • desi3933
    06-21 12:34 PM
    No you will get all the benefits of I-485 filing lik EAD and AP. Only your 485 processing will suspend till your PD are current again.

    I agree, but with a little change.

    With PD retrogressed, I-485 can be processed, but can not be approved. For example, RFE can be issued, it can be denied for any I-485 for which PD is not current.

    Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
    -------------------------------------
    Permanent Resident since May 2002



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  • roseball
    04-04 03:25 PM
    Good find...Something is happening...So GCs for most of us soon without the need for any visa number availability rule? One can only wait N watch...

    Nothing to get excited about. As far as I know, USCIS definition of backlog does not include cases waiting for visa number availability...But surely, this will be a great relief for people whose dates have been current for a long time but for some reason USCIS has put their cases under admin processing...




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  • bidhanc
    07-23 08:32 AM
    Hi,

    Would like to throw some more ideas;
    You should keep in mind that with this economy there is no guarantee of your job (my personal experience).
    If you want to stay in this country and that is one of your foremost desires/aim
    then in my opinion it is always better to aim for the GC and then do whatever you have to do.
    If you have option of going back to your home country and do not mind (due to job loss or other situation) then by all means go for career.

    Good Luck.



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  • zoooom
    03-17 01:40 PM
    As far as I know there is no limitation on the size of the company. As long as they are a stable and sound company you are good to go.




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  • milind70
    11-08 05:58 PM
    I don't think 655K is a lot. Remember, 655K is for both EB and FB.
    Now every year USCIS approved about 700-800K AOS, that mean they
    can clear the 655K in less one year, why 655K is a big number?

    Which year USCIS approved 700K AOS???



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  • retropain
    08-25 02:02 PM
    the media is going to be busy covering the elections till Nov first week or two. so you're not going to get much media coverage.

    idea is not bad if it can be implemented correctly, with employer support of course.




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  • leo2606
    07-29 01:09 PM
    Old Pork Chops asked:
    Has anyone heard of cases where immigration lawyers have successfully petitioned on behalf of parents of a US baby (way before the age of 18) to become GC holders or citizens?

    But he didn't ask if the application is through Baby or Not (he just asked petitioned on behalf of parents of a US baby).

    So I was just saying My application is filed in EB2 through my employment being parent of a US baby.I tried to be funny but I got red square for my reputation:(

    Any way I would like to be out of this thread.

    I did not understand your answer.
    How come your 4 year old son apply in EB2 category and sponsor the parents. I know the application is for future employment. But this one is stretching too far? :)



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  • kaisersose
    08-01 01:09 PM
    Wishful thinking.

    1. All they did in June was to assign visa numbers to already processed 485 applications. These cases were fully processed and were just awaiting visa numbers for approval. They could have just as easily assigned 4 million visa numbers in that time frame. Hence, this June activity has no bearing on actual 485 processing time as this also includes security checks (can run into years) which are not in the hands of of the USCIS.

    2. Rajiv Khanna says not all visa numbers for the fiscal year are made available on Oct 01. Visa numbers are released in limited batches for the first 3 quarters. It is only during the last quarter (July-September) that DOS is allowed to go to town and release all pending numbers of that year.




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  • logiclife
    08-03 05:37 PM
    I know what I did was wrong. But what should I do now?

    I am worried if USCIS will be sending the copy of the experience letter for verification?

    If the letter looks altered and if the ink and shade of your addition looks different from ink/shade of other text, then yes, they would doubt. If they doubt, they will follow procedure and verify the document's authenticity. I am not sure, check with lawyer but I think they will do that via RFE/inquiry. In that case, if you have LIN number, then case status will be updated and you will know that "Something" from USCIS is headed to your employer/lawyer for inquiry or verification. The online status info wont tell you what it is, but you will know if something from USCIS is on the way for inquiry/RFE.

    Check all info I provided here with a lawyer. I am not a lawyer.

    If that happens, you may want to really get a good attorney to provide you with options.

    You should have asked on forums or a lawyer if you even needed to alter the letter. Coz really, the employer need to provide a letter saying that job offer is still valid. If roles/resp are required and if they are missing, USCIS will send RFE for that. And then you can correct it.

    But if you get caught in this, then its going to be bad news.



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  • 53885
    05-12 01:02 PM
    Sent to 40 media orgs in Nevada.




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  • pnjbindia
    07-20 12:08 AM
    Gcfever007,
    thanks for the post.. on your point below -
    3. Spouse in USA as your dependent ( i.e. H4 etc.)
    he/she will be 'out of status' as soon as your GC is approved. Inspected by an immigration agent at entry point. Not on parole. You can file 485 under [Section 245(K)] within 180 days. No special processing. NO fines.

    doesnt my PD have to be current for me to apply for her 485? What if the PD is not current at the time after my approval?! I will not be able to apply for her 485?




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  • BigMouth
    12-11 07:43 AM
    guys, do u see any issues/problems on Landing Canada while pending 485 and coming back on AP.

    I have my valid H1b renewed but visa expired on my passport and my spouse has valid AP. I heard that there is a problem on US immigration process if you have Canadian PR during your 485 pending?? IS anybody gone thourgh in this situation???




    GCchakravyuh
    07-13 11:58 AM
    you never know 'huge change in 24 hrs is ' actually a stunt to shut us up from the rally:rolleyes:




    ngopalak
    10-14 06:11 PM
    I am in a similar situation...filed for AP in June...mine got approved...wife's AP has not gotten approved yet....planning to travel in early December.

    I tried expediting for financial loss and got email saying that is not enough reason....

    I am thinking of refiling my wife's I131 and paying the extra $300...now. What do you guys think...is there a chance of approval before end of November or is it a lost cause...



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