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Wednesday, June 29, 2011

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  • cr52401
    04-23 11:35 PM
    I don't know if here is right place to post this or not. I responded to RFE about 30 days ago and got an email update that TSC has got my response and the case processing is resumed. That was 485 and TB skin test that I had to do again.
    Anyone has any idea what is normal time after response to RFE? I am EB3 with PD of Oct, 2003.
    Do you recemmend me to call service center or go for infopass?


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  • cinqsit
    02-05 01:23 AM

    Is there any way we can check our labor processing status as it is a genral fact that no employer would prefer to give his employee to access his status and at the same time they would not let employee to call attorney directly.So in this kind of scenario I was just wondering is there anyway we can track the status.

    Thanks in advance for your help.

    Unfortunately the answer is No.

    You will have to wait (and trust) for your employer/attorney to give you this info.

    Also you can check on the current perm processing dates which the USCIS issues I think every 3 months to see
    how far the queue has moved and if you know approx date when your labor was filed you can make a guess
    based on the published date and your filing date


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  • Circus123
    08-01 01:41 PM
    Thanks all for your help and sorry for the new thread.

    Is your friend you ?
    Yes you have to be physically here for applying 485... ( USCIS course 101)

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  • goosetavo
    01-10 03:26 PM
    Why isn't IV a national member of the Reform Immigration for America Campaign? If you take a look at the list of participating organizations Organizations � Reform Immigration For America ( you'll only see that the TX state chapter has signed on. Core group, could one of you take a look and sign-up? Would IV consider cooridnating events with them during 2010?


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  • sc3
    08-07 08:28 PM
    I have an approved i140 from old employer, using which I am planning to file i485 (As PD from old PERM/i140 is current for the month of Aug. & no labor filed for ne employer). As I am in good terms with old employer, they are ready to give me a "future employment letter" for my GC processing.

    Can someone please let me know -
    1. Format of the letter, details thats needs to be present in it,
    2. Anything else I need from the old employer.


    Depends, is the job offer/position still open? Do you intend to go back to your old company when you get the GC? If not, it is illegal to file 485 (by means of fraud) using the old i140.

    If legal, I guess the job offer should just state that the offer is contingent upon getting your permanent residency.

    PS: I have no experience in "future offer letter", but making a guess based on the offer letter I got when I had not yet got my H1.

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  • food2006
    06-28 02:01 PM
    Are u working direct or thro' bodyshop?
    I work for Non profit Organisation


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  • Sreeshankar
    06-28 12:51 PM
    The Department of State has published a pamphlet educating nonimmigrant visa holders on their rights. The pamphlet covers the visa process, important documents, workplace and employee rights, human trafficking, and how to file a complaint. This is a very useful document, not just for immigrants. See here ( to download.
    Thank you for your kind thoughtfulness to post it even on a Sunday!!
    Very informative post.

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  • kaushik58
    09-20 11:11 AM
    LC column 14: BACHELOR.

    Now question is: Indian Bachelor or US Bachelor ?

    Mine is 3 years Indian BS and they need 4 years US BS.

    As per NSC Indian BS ( We have up to TY means third year-3 years ) is not equivelent to US BS ( Four year for Bachelor )


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  • TomPlate
    01-03 04:07 PM
    I met my senator during dinner and asked him the status he said please ask by calling this number - 1-800-314-4345 - 7654

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  • survu
    03-14 10:52 AM
    I am planning to use AC21 by joining a company on this March month end , I asked new company to process H1, and its in progress.
    In APRIL Visa Billiton my PD is current, as I have PD of JUNE 2001( EB2), my RD - JUNE 29, 2007 .at this stage if I change company what is the impact on my GC approval. Should I wait for some more time to join the new company?
    Your advices are appreciated


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  • hineeta
    05-22 03:17 PM
    Our attorney told us to get documents ready to file I-485 as our PD of Jan 2004 might get current, hopefully. Unfortunately, my birth certificate does not have my name (at time of birth, name was not decided) but rest info is there. This makes for incomplete information on birth certificate. Here is what we have been advised to do (copied from attorney's mail):

    My question is has anyone got Nonavailability certificate in case of missing birth certificate from Delhi (my place of birth), India. If yes, me out and let me know how to go about it. My parents are not even sure which Municipalty branch to go to.......they are getting the affidavits ready, though.

    "Since your birth certificate is not available, you may obtain a Certificate of Non-Availability: This document is issued by a competent governmental authority confirming that the birth certificate does not exist. There is no set format for certificates of non-availability, but the document must indicate the reason the birth record does not exist, and indicate whether similar records for the time and place are available.

    You may also obtain a Affidavit of Birth: If a birth certificate does not exist, was issued more than one year after your birth, or does not contain all of the required information as stated above, a sworn affidavit executed by both parents (mother and father) may be submitted. "

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  • Jaime
    04-12 03:29 AM
    On behalf of all legal immigrants I want to congratulate President Obama for taking on Immigration Reform, as he promised during his campaign. As he embarks on this endeavor, we would like to urge the President to listen to the over 2/3 of Americans who favor immigration reform, and not to the small yet vociferous nativist anti-immigration groups that flood Congress with phone calls and faxes. over two thirds of 300 million Americans cannot be held hostage by a few hundred angry nativists.


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  • lavanyamohan
    03-16 01:43 PM

    I have 5 year bachelors degree from India and 3 years of work experience. I am in to Health sector.

    My question is I got my education credentials evaluated last year for H1B filing. but I missed last year's H1B quota and applying again this year.

    Do my last years evaluation report is scuffiscient or do I need fresh evaluation of my education credentials?

    How long the education evaluation report is valid Once evaluated?

    Please reply me

    Thanks much in advance

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  • dvp
    07-24 06:38 PM
    Hi All,

    My Parents are planning to come to US sometime in th month of Aug 08, and would return back to India in Nov 08. If they want to come back in Jan 09 will that be a problem. What is the time gap that is required for a visitor to re-enter US.



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  • GCtogo
    07-25 05:43 PM
    Hello IV members,

    I have been watching IV forum during the last four weeks. I feel it is a great place to post questions and comments to help everybody in our long Immigration journey. I have a situation here.
    I have filed my H-1B extension, my wife�s H-4 extension, my I-140 and our I-485 applications recently from my current address. I haven�t got the approvals yet for any of them. I am thinking of taking another project(with the same employer of course) next month and relocating to a new state.
    I heard that immigration documents don�t get forwarded by USPS. My worry is about my wife�s H-4 extension approval notice as other communications will go either to my employer or lawyer. I know that we have an online form to update our new address to USCIS.
    Did anybody run into problems of mails being sent to the address in the forms even after you filled out this form?
    Please let me know what you think about relocation after filing immigration papers.

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  • tabletpc
    11-27 09:44 AM
    Guys i have few questions and would really apprecite if you could help me the best of your knowledge.

    1. I saw my 3 years extension of h1b has been approved. I am now thinking of going for stamping. Earlier i had been to canada for stamping as at that time getting appointment at indian consualte was difficult. How soon can i get at chennai consualte?? I heard for NRI's they give diferent priority it true..???
    Whats the website to schedule the appointment at indian consulate..???Is it dizyy to get stamping in chenna..???I have a US MS degree in CS.

    2. My online status says H1B is approved and aproval notice sent. I shoudl also get an new I94 right..???there were few conserns for my attorney when we filed want to make sure everything is proper before i start thinking of next step..(stamping and all).

    I would really apprecite if you get share your views on my concern.

    Thanks ina dvance...


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  • sb724
    06-26 11:49 PM
    Helo all,

    Thanks for you advises.

    Here is my case details. GC is under retrogression
    PD is 09/2005, concurrently filed both I140 and 485, AP and EAD on Dec 2004at California Center , but employer located at NJ. According to attorney as I am working in CA, he has to file at CA. Dependent's 485 is not applied and now she is in US on H4. Never used AP and EAD. Working on H1 with GC sposor employer only.
    I140 got approved in Aug 2005. Applied for 7 th year extension for me and dependent. Got approved for three years based on approved I140

    Now I want to move to Texas and want to transfer H1 to new employer using AC21. Can I relocate from CA to Texas( In ETA forms Job location is mentioned as Undecided) and can I get 3 years H1 transfer approval through new employer?

    New employer will give offer letter as Programmer Analyst with very good salary than current, but he is requesting to work as QA for some time at client place in Texas. Can I work in different job responsibilities at cleint though new employer's offer letter says Programmer Analyst with same job responsibilities mentioned in Labor?

    Please advise me

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  • sangmami
    04-19 05:31 PM
    I am changing jobs from ohio to another state ,job title and description are same..but the pay mght be 20%less....

    Is this gonna be a problem or is it ok if the new pay is more than the prevailing wage for that state..for the same job description.

    My details..
    7th yr of h1b
    pd 2007 mar
    i 485 filed---during july 2007
    will use ac21 for the future job?


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  • xZeRo23
    06-21 06:59 PM
    Dude.. in 10 mins I can make this:

    08-26 04:47 PM
    Here is the sequences of Events(BE + MBA computer systems)+5 yrs experience when filed labor:
    Labor Filed Date: Oct 3rd 2003
    Labor Approved Date: Sept 15th 2006

    EB2 140 Applied: Oct 30th 2006
    485 Filed (self & wife): July 2nd 2007, Receipt Date: Sept 9th 2007.
    485 Finger Print for both(biometrics): Oct 4th 2007

    EB2 140 Query (RFE): Dec 5th 2007
    "The labor certification accompanying this petition specifies that a bachelor's degree and 2 yrs of experience is an acceptable combination
    for the position offered. Therefore, the job offer portion of the labor certification does not demonstrate that the job requires a professional holding an advanced degree or the equivalent.
    Consiquently, in accordance with the regulation cited above, the petition cannot be approved.(Title 8, Code of Federal Regualtions part 103.2(b)(8)."

    In between these dates, my H1 renewal (for 8th year) that was pending since sept 2007 was put in Premium.
    EB3 140 Applied: Jan 10th 2008
    In between this dates... EAD & Advance Parole (I-131) for my wife was applied and approved.
    EB3 140 Approved: Mar 17th 2009. But the priority date was diff on the approval notice(Aug 2004) which has given to Labor department Chicago for rectification.

    Should I go for another labor with new designation EB2 which I can port to above priority date or wait till EB3 becomes Oct 2003/Aug 2004 based on my current EB3 approval I-140?
    Also will the existing I-485 pending is fine or should I file new one for EB3?

    Thanks in Advance.

    11-26 09:58 PM
    Wow ! I am in exactly same situation. I talked to national service center and they said they will talk to only employer or attorney. I told attorney about it and they said, dont worry , there online status system is screwed up so just wait for decision snail mail.
    After seeing your mail, I am susoecting VSC cases are having issues with status search. so I would say that dont worry.

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