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  • nc14
    04-30 03:34 PM
    To the point and very well written.

    http://www.skappy.com/index.php
    http://www.skappy.com/index.php?mode=viewmonth&month_no=06&year=2007





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  • glus
    01-25 08:04 AM
    USCIS has F1 file. If it illegal to apply for PERM while on F1, why did USCIS not reject PERM?

    If they did not catch it at PERM, why did they not catch it at the I-140 stage?

    Hi Macaca:
    USCIS cannot reject PERM as USCIS has nothing to do with PERM. PERM is done by the dept of labor, and this agency is not part of USCIS.

    In terms of PERM, PERM is not considered an "immigrant petition" and thus would not be deemed as violation of status. PERM is berely the assurance there is no workers who want to take the job in the position beeing sought. Note, that when you go for a visa, one of the questions asked is, Have you ever filed an immigrant visa petions, or has an immigrant visa petiion was ever filed on your behalf?"
    The law finds an immigrant petion only when one applies via I130 (family based immigrant petition" or I140 (employment based immigrant petition). Only filing of IMMIGRANT PETITION would constituate a violation of one's non-immigrant intent and status.

    I am not an attorney, so do not take my answers for granted!

    Regards to all,





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  • vinicola78
    11-04 02:17 PM
    I am also trying to stay afloat through the very debatable AC21 process. Currently, my case is being handled by Ron Gotcher and I have been very happy with all the help and support so far. Not to mention, they are really reasonable.





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  • kaisersose
    02-11 11:53 AM
    The elimination of NC delays will reflect positively on many pending applications with earlier PDs.

    One other such positive result can come by capturing lost Visa numbers, something that can potentially happen through the letter campaign. Let us hope it goes as planned.



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  • stuckinretro
    09-25 09:24 AM
    Ok Thanks,

    Who signed for your packet at NSC on Jul'23rd? Was it Mr Heinauer? Reason I ask is mine was sent on July 20th but didn't receive receipts yet.




    yes, no checks cashed yet, checking my account regularly. the notice date is 21st sep, so I am thinking it might take 3-4 business days for the checks to cash, do you guys think my assumption is right?
    Anybody in the same situation?





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  • emmie
    12-08 04:31 PM
    My 6th year H1B is expiring on April 28, 2008. I applied labor through PERM on October 2, 2007. I got the audit letter on December 3, 07. This audit letter does not state anything about the issue of the audit letter. However, the sentence �The job duties and/ or requirements are beyond those defined for the job by SOC/ O*Net code an Occupation Title provided by the State Workforce Agency� is highlighted in this letter. The letter also request for Business Necessity Letter and Recruitment Report. My case is the EB2 case for a Project Manager position with a minimum of 2 years working experience. A couple of programs and knowledge in the field are also required for this position. At the recruitment times, there are no applicants applied to this position. The company has approximately 16 employees including me.

    I�m very confused and not sure what to do because my lawyer refused to answer any question. In my case that the Labor Certification is still pending (under audit) and my H1B is expiring in April, I wonder if I should start taking vacation now or go to work in another country for approximately 6-7 months and come back later to use the rest of my H1B until October 2, 08 to meet 365 days period? After October 2, 08, I can then start filing the H1B Extension for 1 year. Or should I wait until my I-140 approved and come back around October 2, 08 and do the H1B Extension for another 3 years? Or should I stay in US until April, 08 and take vacation until October, 08 and then comeback around October, 08 to file H1B extension? Also, do I still have to be employ full time with my current employer during this whole period? Can the job only be part time? Also, do I have to get pay the whole time from my current US employer during this whole period? Thank you very much for your help.



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  • bomber
    08-07 07:17 PM
    Call USCIS and get your reciept number. Simple as that.


    Got the receipt numbers already, was worried about the physical receipt notice.





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  • pd_recapturing
    10-06 01:03 PM
    Still do not know as to how to get a copy of I-140 approval notice from my employer. Can somebody suggest a way to ger it?



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  • gccovet
    09-19 10:53 AM
    Can we utilize the US Citizen children to campaign for our cause. We can highlight our cause better that way. We shall certainly get more attention. We also must make sure to highlight that we are LEGAL immigrants.

    I don't think this will fly, two reasons (but we can always try)- Not trying to discourage the thoughts/actions.

    1. US Govt. revoked the policy to grant legal status to parents of US born children few years back(per NumberUSA they are called Anchor Baby-- go figure.. I hate this term very much).

    2. I had read somewhere of similar case where a family tried to appeal for themselves in a court arguing that his US born child has all the rights to be raised in his country of birth and that he would need his parents to do so, hence the plea. They were told that they could take the child back to home country and US will be glad to welcome the baby when he/she turns 18.


    GCCovet.





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  • franklin
    08-24 02:46 PM
    As posted earlier in this thread "MOST" people will get FP notices. Sometimes minors do not

    (from I485 instruction form)
    5. Biometric services.
    If you are between the ages of 14 and 79, you must be fingerprinted as part of the USCIS biometric services requirement. After you have filed this application, USCIS will notify you in writing of the time and location where you must go to be fingerprinted. If necessary, may also take your photograph and signature. Failure to appear to be fingerprinted or for other biometric services may result in a denial of your application.



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  • aupadh
    01-26 03:28 PM
    Well it seems the idea to get a Stimulus for 2008 for people having spouses with ITIN is nearing dead end (no action). Now the government is planning another stimulus. I think we should work on taking the necessary steps to prevent the same happening this year (being dropped out). I think we should raise awareness and write to all people including President Obama.





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  • STAmisha
    10-07 09:12 AM
    well..I have been waiting for my labor certifcation to get certfied for too long. just after Sep 11 I applied both for US GC and Canadian PR. My wife also applied for her GC. meanwhile her GC moved to regional when suddenly DOL thought it was time to regroup and there it went into BPC. In the meantime we got canadian PR some 2 years ago but we did not move thinking that we have jobs here.Then she got pregnant and lot of complications ( premature labor) and during those complications her company got acquired by another bigger firm who thought they don't need her..and result was job loss plus GC into the trash....meanwhile my labor certification even after 5 years was still sleeping in EB3 category(PD Oct, 2001) when i still have Masters( god knows why my lawyer put into that category)..Now my canadian PR was set to expire in march, 2007..so I thought i should decide fast..and i applied for jobs..and I got offer in vancouver with moving expenses paid from califronia..It has been the toughest decision because my employer is Indian here in california..and I have had good growth(10% average) but not the way I had wanted..I guess he also exploits..Indian exploiting another Indian..because they know I am not going anywhere..plus we work hard.. I asked him to match what was being offered in vancouver..and he started converting CAD into USD..well..it is not fair..So I have decided to heck with US and the Employer..and move on...at least I can come back..it is not an easy move because my son being premature child had lot of free facilities in california..hopefully he will get the same in Vancouver until he gets to 3 years ..and then it stops..

    I have been in this country too long..and I guess one should settle down rather just wait for them to give GC...reading the other post about one lady whose EAD card got expired just tells me that how inconsistent this GC process can be and right until the end...

    Anyway that is all for now

    desibechara
    Desibichara,

    Pls send me a private message with your contact info.
    I'm also a Canadian PR and trying to move out of US and find a job.I need your advices and suggestions



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  • satishku_2000
    09-17 03:10 PM
    I got a letter saying they can not give me my job back dated 5 days after my approval.
    I show up told them I was approved, they say sorry we have not sold anything on those 3 months, we are doing bad, cannot take you back.
    They dont have any problems with it and I can wait 10 years to become a citizen if that is what it takes.

    I think you are good so dont worry too much. I understand your fears and frustration.

    Try to get an appointment with a good immigration attorney to see if you need any more documentation.

    Please continue to support people like us who are struck in the process forever.

    All the best with your naturalization journey and dont forget to send in your paperwork for naturalization on the first day you are eligible.





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  • WeShallOvercome
    07-19 03:20 PM
    Yes this a legit reason to get receipts. But if you have been denied receipts by employer/lawyer in recent past. Give this reason a little time, if you know what I mean. Else this reason would also go to waste.

    My Lawyer has been good in this regard and usually scans a copy and emails to my HR/Supervisor and Myself as soon as she get any notices/rfe's etc. I think this would be the pattern of most employers if not all.


    I have my canadian PR approved and have until Octber 1st to land. I hope my lawyer will get the receipt notice by then. I don't want to lose my Canadian PR and will have to travel to Canada before Oct 1st.

    I'll send my employer the proof of my Canadian PR. He kinda already knows that I have Canadian PR and have to land shortly.


    Hopefully they'll give it to me on that request.



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  • gc28262
    08-17 05:25 PM
    Exactly but mere emphasis solely on educational qualification is unfortunate as after few years in job market, your skills & experience has more leverage than the degree and I am saying this based on my personal experience. In our group I was the one with least amount of formal education but still I got promoted 2 times ahead of Masters degree holders form US and foreign universities.

    The issue here is, USCIS is a government agency. They are incapable of making a subjective determination of a person's capability. All they go by is the degree certificate which can be seen on a piece of paper.

    As per INA/USCIS, many of the following won't qualify for EB2:

    CEOs-Without-College-Degrees: Personal Finance News from Yahoo! Finance (http://finance.yahoo.com/career-work/article/107139/CEOs-Without-College-Degrees?mod=career-leadership)





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  • smsthss
    11-19 01:26 PM
    I received RFE on my 140 on nov 15th. I came to know about this when i checked the status online. It says on Nov 15th we mailed you a notice requesting further evidence . I-140 Receipt date is dec 11 2006. I do not yet know what the RFE is about. How many days does it take for the RFE to arrive normally ??



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  • grupak
    02-28 10:59 PM
    Yes. my I-140 is Approved and 180 days has passed. How much time will i have to transfer H1B without loosing H1B status? Thanks for your response.

    For H1B: use your vacation time to be associated with your current employer for as long as possible, try pay without leave if possible. No hard and fast rule how much gap is allowed. In principle, there can be no gap but lawyers claim 10days, 2weeks is okay. USCIS asks for recent pay stubs to check for gaps.


    You are in much better shape with >180 days in AOS. Can work in EAD if needed.

    Don't worry.





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  • somegchuh
    08-07 03:37 PM
    It really comes down to how long you can wait in US (You didn't say by when u need to go to canada) and how long you are willing to wait for GC living in canada.

    I personally would like to move on with my life if I move to canada. (I have waited so many years for GC.)

    Given your PD of Aug 2001, I think you would be able to file 485 within a year or so. If you can stay in US for another year you may not have to think about this.

    Not sure of schools since I dont have any kids of school going age yet. However dont expect that much disp[arity in educational standards from Toronto.

    Yes employment opp from spouse may be limited. However there is atleast a chance compared to staying in the US. Windsor real estate is also much cheaper than Toronto (you can buy a decent home in Windsor for 200 K. You will need 300 K in Toronto for same house).

    Plus if you come to the point there is no way your GC will ever come, you can always move from Windsor to Toronto.

    I am EB3 INDIA with PD of August 2001.





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  • gk_2000
    08-04 01:09 PM
    yes i invoked ac-21 myself.., changed 2 jobs in 2 months..thats what i call it as a smell of freedom..

    swell!





    H4_losing_hope
    02-07 02:05 PM
    I think we need to be careful these kind of conversations aren't detrimental to the current campaign and to IV. I am new here, but I do also feel the drive that chanduv23 has and you know, sometimes you do feel like posting it everywhere and on your forehead. This backlog situation sometimes gets the better of us! I am all for organizing too, we need that. But I do sympathize with those who feel desperate to reach as many visitors as possible. There are still folk out there who would like to send their letter, let's encourage them and still be organized. I promise to keep my posts to threads already existing from now on. Thanks :)





    goel_ar
    11-15 10:06 AM
    + straight As only ?

    why - only tier1 & tier2 ? should be based salary withdrawn- isn't?

    If the masters degree is from tier 1 or 2 schools I support else NO!



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