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  • roseball
    03-17 11:52 PM
    You can try re-sending the pkt with a label in bright color with text "Not to be opened by mailroom" so the package can be opened by an IO..Include a cover letter with the details/proof of your earlier application....You can give this a shot but its solely upto the IO to decide whether he accepts your application or not..In the meantime, I would also start a fresh LC process....Sorry about your situation, but there is nothing you can do.....One more case of lawyer screw up......





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  • smidreb
    07-30 01:13 PM
    Hi all,
    One of my friend is separated (not divorced) from her husband.
    can she file 485 by herself. Does she needs anything latest doc from her husband. She does have all the copies of his documents.
    She is thinking she can work if she gets EAD. She does not have anybody here are back home except her mom. Please suggest a solution





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  • alterego
    12-12 07:03 PM
    My guess is they retrogressed to basically stem demand completely as they felt they had used too many visas too soon, and that is where they decided they need to put the date to extinguish demand. Last month they tried Jan. 2002, but quite clearly that did not have the desired impact. Hence the further move backward.

    This is not too hard to see once you realize you are speaking about 2800 visas for EB2 India, and that means 700 per quarter or about 250-300 primary beneficiaries. When they kept PD at Apr 2004 for the first 3 months, why is it hard to envision that they went through say about 500 primary applicants with such dates, between genuinely old petitions, substitute labor petitions and EB3 to EB2 jumpers, backlog center applicants etc? I mean the truth hurts but this is where it is at. My guess is they have almost certainly used up over 1/2 of the annual allotment for EB2 India, hence they mentioned last month they used up 38% and now they are warning about the possibility of unavailability in coming months preparing us for the inevitable.
    EB3 won't be too far behind in my guesstimate since if they move dates by just a few months this will drive up demand and the fate of that PD will be the same as EB2. 2800 visas inclusive of family members for EB2 and EB3 India is like feeding a hungry lion a chicken wing.:)

    The one possibility that might help us is if once again around the may-june-july time period they accelerate demand by moving EB India to use up visa numbers. If my memory serves me right they did end up using about 15K visas for EB2 India last year. There is no guarantee they will do that again this year however after last years VB fiasco for which they took a lot of heat, they may just let the visas go.
    I see visa recapture as our only hope for temporary relief. Failing which we desperately need administrative fixes like 3yr EADs etc to ease our pain while we wait out the presidential elections next year. Lets hope for the best with the omnibus legislation.





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  • LayoffBlog
    01-27 01:32 PM
    Caterpillar, seeing sales for its bulldozers and other heavy equipment sinking in a worldwide economic mire, said Monday that its business was �whipsawed� during the fourth quarter and that it would eliminate 20,000 jobs in the face of a �very tough� 2009.Caterpillar announced the staff reductions as part of its fourth quarter earnings report, released [...]http://stats.wordpress.com/b.gif?host=layoffblog.com&blog=5255291&post=1235&subd=layoffblog&ref=&feed=1

    More... (http://layoffblog.com/2009/01/26/caterpillar-to-lay-off-20000/)



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  • felix31
    02-12 11:36 PM
    I am holding H-4 visa, last week, I made an appointment in Ottawa consulate so I want to get my H4 before I go.

    My wife's H-1 and my H-4 filed together, so I called the lawyer, we paid $1000 premium fee, it was paid on Friday, both H-1 and H-4 got certified on Monday (it only takes 1 day compared with 3 months).

    Once you file premium for H-1, H-4 will get premium. but if you file them separately (in different time), then you can not do it this way.

    Good luck.

    thats exactly what we will do as BOTH H1& H4 were filed together (they both expire on the same date).

    Hopefully, H4 will get picked up with H1.





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  • Rohan99
    05-26 04:11 PM
    Thank you samswas
    All of them might not be applicable for all, but found this on another forum ...

    1 - New SSN to get rid of pesky legend "requires INS authorization..."
    2 - SSN for wife
    3 - Drivers license for wife without pesky legend "temporary for one yr or until H1 validity...", etc.)
    4 - Update I-9 form with employer
    5 - Someone here said let your mortgage company know about GC if you own a home, not sure why?
    6 - Do not hand over the I-94 card to the airlines/immigration offices at the airport. Keep it or through away
    7 - Do not need to carry anything other then Passport and Green Card when travelling



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  • coopheal
    04-13 12:13 AM
    That is incorrect. USCIS would send a copy of RFE to you as well.

    My wife got a medical RFE and I'm looking at the letter from USCIS as I type.

    Yes, We did sign the lawyer form. Lawyer first got a copy and informed us. He also told us that we would be getting one. And we got one.

    For me I never got a any communication directly from USCIS for the RFE.





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  • wandmaker
    10-23 01:16 PM
    Thanks for ur reply... but i ve already bought the ticket...so shud i buy another one-way ticket :confused:

    1. Cancel your one-way ticket and get a two way ticket with future date
    2. Get another one-way return ticket.

    Work out a cost difference and decide! for sure, you need to furnish a proof at the port of entry that you will be returning to home country, one of the proofs would be your return ticket.



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  • anandrajesh
    08-15 11:55 AM
    USCIS is making contradictory statements. First they release an update that they have processed all applications mailed before July 1 but when I call customer service and tell them that my application was mailed on June 11 and that I am still waiting for the checks to be cashed they say wait for 90 days.

    Welcome to the Weird World of USCIS where there are no rules to be followed.





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  • chanukya
    05-17 10:35 PM
    I think, if you are US Masters/above plus if you are a member of profession, then you are the luckiest person on earth...

    1) Need not File LC
    2)U R not counted against the Quota

    A hypothetical case where it may not work

    But if your are a US-MS Electrical Eng and working as Tech Lead in IT, you do not qualify for this, as Tech Lead for IT may require US MS Comp Science not US-MS Elect Eng....since you do not qualify as memeber of profession.

    In which case you need to file LC, which anyway will be a problem becasue of the misamatch of the profession and your qualification.

    So for those kind of mismatches it will be really difficult to justify releif under this clause.



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  • jr8rdt
    11-21 03:04 PM
    I have included the experience letter to my I-140 but the USCIS doesn't like the content of it hence the RFE. How can I overcome this? I got the letter when I left the company 10 years ago . I came to the US after that. the letter was very broad not specific duties. it was signed using letter head by my manager. I thought it was OK. but apparently not.

    Problem is the company is no longer in business. I am planning to have a letter from a coworker who now live in Canada instead and should it be notarized ? is one letter enough for RFE? Does it mean my ex co-worker should bring the letter to a lawyer in Canada and have it notarized? or can my lawyer send a notarized letter and ask him to sign?

    do I have to mentioned that the company is no longer in business in the letter?should I write the letter my self or have my lawyer do it for me?

    anybody has a sample letter for RFE experience letter?


    THanks....
    I need help.....





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  • belmontboy
    06-20 08:30 PM
    There is no need to change the date on I-94. As long as you have the I-797 approval petition you are good. When you leave the country, you MUSTgive the I-94 to the airline authorities. If you go to Mexico by road, there is no one to take your I-94 and so you will have illegally left the US - which can lead to problems. If you fly, you are fine!

    But still, unless you are going on vacation, do not waste your money.

    Wrong!

    I-94 is the one that determines how long u can stay.

    I-94 can be extended while staying in US.



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  • pkv
    06-03 02:15 AM
    Though I sent webfaxes, But I am not very convinced.
    Its same text in every fax. Its not personalized.

    For senatores it will be a spam kind of thing. So many faxes with just different name but same text.

    I am not also happy about language. Its not very effective!!!





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  • glamzon
    07-27 11:16 AM
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  • wandmaker
    04-03 06:59 PM
    Have had unfortunate turn of events and need your guidance.

    I had a valid approved h1 petition and i-94 for 2005 through company A.
    Company filed for extension of h1 in 2007 and received approved h1 and i-94 valid till 2010. Did not travel out of the country at that time.

    Filed for AOS 485, EAD, AP in 2007. Traveled and entered US using AP in 2008.

    USCIS did inquiry and has revoked 2005 h1 because of incorrect LCA filing by the company. They have also said that because of incorrect LCA filing, I am in violation of h1 status. Attorneys have advised that USCIS will retroactive hold me as 'out-of-status' but not unlawful present as I was working in good faith based on an approved petition and unexpired i-94s.

    The 2007 h1 was also filed in similar fashion as the 2005 h1.
    Although USCIS has not revoked current 2007-2010 h1, there is a possibility of that happening. The 485 might be denied in that case.

    The only option is to get on h4 by applying from consulate in India.
    Since I will be now answering yes to question 38 (have you violated terms of US visa, or unlawful present..?) I have also shown as intent to immigrate based on my 485 filing.

    I want to know my chances of getting an h4 approved.

    You need to add more clarity to bold words... For instance, if your work location in LCA was New York and you worked in San Francisco - Man you are in trouble..... Please post what was incorrect on the LCA and also fill in the profile, if you want the folks to consider responding to your query. My 2 cents.





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  • h1bnogc
    08-28 10:03 PM
    Hi Martin,
    Thanks once again for your reply with in no time.I really admire your service.I went through your Faqs but the part i dint understood is..

    If you don't show the extension approval notice (maybe because you didn't know the case was approved before you returned), you will get just the old expiration date on your new I-94. This will then be the operative end date, not the extension date. This is because CIS has a "last action" rule, whereby the last status they give you is what governs. In this situation, the last action would be your admission until the visa and date.

    As i get a new I94 attached with expiration date as my new 797 approval date(Assuming i get approval after my travel when i am in USA) .So my old I94 is valid till My present visa date and after that i have my New I 94 which is valid till my Extension approval date.So iam unable to get what complication i may get into.Only problem i can think of is if i dont get I 94 attached to my I 797 Approval Notice.Do let me know if iam missing anything.Thanks again.

    san3297: Please share your experience, it will be greatly helpful to many.



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  • ksvreg
    02-24 10:54 PM
    Thanks for the info. I read this before. I want to get the opinions based on the current trend. I just want to find out risk worth. (something like cost benefit in economics terms) :)





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  • gconmymind
    11-30 04:23 AM
    I filed my AP renewal online, I used my discover to pay my dues.

    I did not submit any paperwork, I got an RFE just for photographs.

    Most important thing for AP-renewal according to my experience is photographs.

    I hope this helps, message me if you have any additional questions.

    I also got an RFE for photographs. Can I respond with Certified mail? Or should I use FedEx? Can you please tell me how did you send it?





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  • DUNBAR
    09-22 12:48 PM
    My labor was filed in 2008, got the Audit in filed month 2009,responded and got cleared in filed month 2010.





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