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  • Eagle
    12-01 04:50 PM
    Thanks Santa for your reply.

    I received an RFE. But it was on accreditation of my MBA school. There was no RFE on bachelors degree. My lawyer replied to the RFE on accreditation. In response, there was straight denial without even notice of Intent to deny citing 3 year bachlor degree.

    Yes, we submitted education evaluation along with I-140. The evaluation was done by Trustforte. When we received the RFE on accredidation, we sent second evaluation from Trustforte but this time a detailed course by course evaluation of MBA.

    In the evaluation that was done, the evaluator equated my Indian MBA with US MBA and there was no mention about bachelors.

    Please advice if I need to do something different this time.

    Santa, could you please give me the case number of the AAO case handled by Murthy so that I could download the same from the USCIS website.





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  • som_yad
    06-05 01:20 PM
    I am curious to know the Answer

    New memo is not helping us in terms of answering few questions. Can i comeback on H1B (without subject to cap limit) after changing job using EAD?





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  • fearonlygod
    02-12 01:54 AM
    thanks mhtanim....

    It seems that i can file tax using form 4852....but to do if he send legal notice claiming that i have made losses to him worth 25 K....i had good relation with client , gave app notice and also have refe letter from client (received award form client)..........so there shud be no point for liquidation thing and also i have all previous employers emails acepting my receignation and notice period...





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  • desighee
    01-04 10:10 AM
    yes don't wish for two wives.
    One wife itself is sufficient to cause life long agony and u r wishing for too!
    Indeed a brave fellow and should be given a GC on national interest waiver



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  • JA1HIND
    01-27 09:54 PM
    Your case is a bit different, I am not sure if you could avoid paying back as GC process is for your benefit so a company could request a pay-back, even though amount is a bit high and you did not get anything in return. I would compare it to a situation where company gives an employee a laptop and expect person to return it when s/he leaves a company.
    helloh1's clause is different - company receives benefits by training its employees so it's just plain wrong to request a pay back in that case.
    So just forget about it and move on, we all make mistakes and here in the US those mistakes usually cost money.

    Thank you "lazycis" I agree with you and take your advise and let this go and be more cautious moving forward!

    Once again I really appreciate for all the folks out there who looked into my request and your great posts!





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  • ajju
    02-12 08:11 PM
    He is ***ing desi employer and is counting on me as if he has to take some personal revenge..please kindly suggest all available options..?

    Can i file my taxes thru HR block on basis of his paystubs(and checks) and bank statements?

    IRS has a form to file if your W2 is missing... And you need to file taxes based on your best guess and last paystub with this bad employer... I had similar situation in 2000 and was very confused.. So I can understand your situation... And you need to paperfile.. cannot efile.. you can do on your own or thru any tax consultant... Its simple... These Desi employers won't give W2 to you and to IRS they'll tell they've mailed... So no one can harm them thisway... Only your case with DOL may bear some fruit... Feel free to PM me if need any advice...

    You'll need to call IRS and report this.. then only they'll mail the form.. Its available on IRS website.. but better call them asap... and tell them you've sent a letter to your employer on Feb 1st about missing W2.. but he's not sending...



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  • bobzibub
    02-01 02:25 PM
    OK, they'll raise the fees (I can live with that). But how do we improve the chances of better services?
    USCIS is asking for comments....If IV would be so kind as to submit comments for the raising of the fees. I humbly throw these out for discussion:

    Accept the fee increases providing:
    1) That USCIS propose public standards of reducing processing times to 30 days+10 day security check.. Automatically produce an EAD if it takes longer. Hey. We're all still in the country whether the process succeeds or not right? We would just appeal, submit more info or beat it until it's done. Who's any safer?
    2) That RFEs not be used to manage work levels. Plus they ought not to reset the 90 day clock to zero if they issue one. That is ridiculous and unheard of.
    3) That they simplifiy applications (a la Canada) so that "lay persons" can (carefully) fill in the forms. Lawyers not required.
    4) That the USCIS abide by the laws. Especially regarding FBI name checking. We have a duty to follow the law. I'm careful to do so. The government should be careful to do so as well.. Call me a radical.
    5) That they publish proposals to stream line the process with modern business methods and concrete goals. The increases should be tied to fulfilling stated goals of improvements of service. Otherwise they roll back. Have a 3rd (independent) party decide if the goals have been met in three years.

    If we tax payers are giving them extraordinary increases in fees, we should at least expect some meaningful process improvements. Simply claiming that they need-the-cash-for-process-improvements is not sufficient. What is to prevent them from using the money to give everyone big raises and bonuses and a nice fancy new office, and big fancy new computers if they're going to continue to use paper and use the computers to access rickety old systems with terminal emulators? I'd love to deal with happy USCIS employees, but I'd love it even more if I had to deal efficient USCIS employees. (Give them the tools and they'll be happier!)





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  • chanduv23
    01-09 05:13 PM
    logiclife - thanks for such a detailed description. And welcome back after a long time :)

    Your explanation was more "ANACONDA" than "COBRA"



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  • H1bslave
    11-19 03:47 PM
    Your idea is marvelous, I totally agree, if not five years, make it eight or ten years but should have something like that. I don�t know how easy/hard is to get this implemented. But we could try for at least some relief once a person finishes a decade in this country.

    The best thing to ask for is a "time factor".





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  • optimystic
    10-29 09:08 PM
    Thanks for the good luck . I really need it !

    I am hoping that it would be something simple as well.

    - I am guessing it might be about employment verification (since its been a long time),

    OR

    - Current job description (probably they want to make sure I am in the same job role or going to be in the same job role for which GC was applied) . Which is more or less the case. My law-firm/company did a good job of declaring a generic (still O*net compliant) job title/description which luckily encompasses the range of roles (compliant with the job description) I have been doing over the last 8 years. And if required, at this point, I am at a stage where I am willing to take a demotion or something if required to work on the job role that matches the GC temporarily, if thats what it takes. And I am sure my company will fully support me. There is no dearth of requirement for fresh coders/developers at our team/company. They would probably be happy to oblige :D . But I hope it doesn't come to that. I think there is some leniency allowed in the growth of job scope/promotion etc over the course of years it takes to get the GC. Gurus any comments ?

    OR

    - some clarification about overall H1B status or something across all these years (although I know for sure my H1B status, I-94 etc has been perfectly clean so far)

    OR

    - Medical checkups may have expired and they need new ones? (my medical reports are from June 2007)

    OR

    - Ability to pay ! I don't think this would be the case. My company is a well reputed/respected Fortune 50 company. So hopefully USCIS IOs are also aware that my company would not have ability to pay issues! But who knows, in these economic crisis, they probably doubt every company !

    OR

    - Questions about Mergers/aquisitions/layoff announcements at my company?? I don't think these events by themselves matter/affect my I-485 case after the I-140 stage. My lawyer had clarified to the same effect. But they might trigger a request for employement verification.


    What could be other reasons that you guys can think off?

    Update:

    It turned out to be request for latest employment verification letter.

    Here are the words quoted from the RFE letter

    You must submit a currently dated letter from your intended permanent employer, describing your present job duties and position in the organization, your proffered position (if different from your current one), the date you began employment and the offered salary or wage. This letter should be in the original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter must also indicate whether the terms and conditions of your employment-based visa petition (or labor certification) continue to exist.

    So, couple of questions to the gurus.

    a) What happens if current job title & duties are different from that of the proffered position? I am with the same employer since the beginning. How much of an allowance/leeway is given for growth of job role/scope?

    b) What happens if there has been around $25k increase in pay from that mentioned for the proffered position? Is that an issue?



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  • rahulpaper
    11-27 08:00 PM
    Count me in...No FP





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  • garybanz
    11-03 09:58 AM
    There are ppl who moved 2 or 3 months after getting GC and have got their USC

    AC21 N400 Cases - 2010 (http://forums.immigration.com/showthread.php?309220-AC21-N400-Cases-2010)

    I went through the entire thread, i did not find any cases of people who had never used AC 21 and who left their employers right after 485 approval.

    To be very specific, we need clarification on what the consequences are of leaving the sponsoring employer right after getting the GC esp people who never used AC21 and have been with the sponsoring company for several years before getting the GC.



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  • pappu
    05-15 08:12 AM
    How come such legislative efforts are not even in IV's radar now....

    Always check with your state chapters.
    State chapter leaders are more aware of our work than what we post on the forum for public.
    There is lot of activity going on at this time. Everyone must join their state chapters to actively participate in IV effort.

    There maybe some more news today. Hopefully... Stay tuned.





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  • InTheMoment
    09-27 10:35 AM
    good point about the H1 quota exempt option. Though remember there is no blanket exemption for doctors...their H1 is cap exempt only if they work for a non-profit institution/university. So it all depends on the employer.

    i was in a similar situation about this with a priority date of Jan '06.. i was planning to get married in dec 2009.. but my dates were current and fearing that I might get my GC soon, I rushed to Australia (my fiancee is AUS citizen) and got a registered marriage done... she is still in aus and planning to join me later using following-to-join when i do get gc.. unfortunately, I did not get my GC when the dates were current in Aug or Sep...

    but, i dont know how to advice you.. it is a very sticky situation... i think best option is to do H1B, and before that to try and get some visitor visa... my lawyer says there is a 50% chance for one to get H1B if you apply on April 1st.. and almost 0% chance if you apply after April 1st...

    oooh another option that i thought out, during my stressful thinking days about this, was that the H1B quota is not valid for certain jobs.. like doctors, and also if you work in like non-profit orgs and stuff... try to explore that.. this means that ur wife can get H1B right away...

    F1 is not an options, since you have to show non-immigrant intent.



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  • JazzByTheBay
    02-10 11:54 PM
    Not into LUD-watching per se, but I got an email update for my spouse's case - same message. June 30/July 2 filer, TSC -> CSC -> NSC route, RFE responded to recently (1/28) for my own I-485.

    Glad to know I wasn't the only one... and it probably doesn't mean a whole lot at this point given the priority dates.

    jazz





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  • bkam
    04-12 01:10 PM
    My spouse and I are on L1/L2 visa.

    In 2002 there was a law change and the L2 visa holders got the right for EAD, valid until expiry date of the current L1/L2 visa. Renewal of the EAD was relatively easy when the new L1/L2 visa was issued. The tricky thing is that after expiration of the L visa, while waiting for LC approval we can get only 1 year H1 extensions. This means that during the period between L1/L2 visa and submitting of I-485 the EAD will be cancelled.

    Following the common sence, the L2 visa holder should still be able to get EAD for the period between L and I-485. We will find it out in half a year time when our last L visa expires. But I would not bet on it...

    So, my hint is - why not push for a similar approach being applied for immigrants waiting for LC approvals (after 365 days), for I-140, I-485 etc. It makes sence since the enormous delay in GC process was caused by the US bureaucracy and the poor idiots like us deserve some relieve :-)



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  • Imm_Exploited
    07-28 01:36 AM
    I do not know about a 'receipting update' from USCIS, but they have certainly released the second FAQ regarding July '07 Bulletin today - July 27, 2007:

    http://www.uscis.gov/files/pressrelease/FAQ2.pdf

    Sincerely - IE





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  • ilikekilo
    04-19 03:44 PM
    I will be sending the following note to my senator and have already posted it to WhiteHouse.gov. I urge all those screwed by the ongoing retrogression to do the same.

    "I am writing to inform you of how the country based quotas imposed on Employment Based green cards are unfair and totally illogical. When I immigrated to the US, I believed that this country was a meritocracy where you were judged based on your abilities and qualities. These country based quotas reward people depending on where they or their ancestors were born. This causes people from India and China to wait over a decade to get a green card whereas someone from another country with similar or lesser abilities can obtain permanent residence in half that time.

    Since these EB category based green cards are awarded for professional skills, imposing a country based quota just does not make any sense. I urge you to work with Congress and change this discriminatory policy and reinforce that America is truly a society that celebrates meritocracy."

    welcome to IV and thanks for your post. Please join our collective efforts starting with sending your lawyer an email to contact IV if they are interested for their banner display. Additionally you could consider contributing to IV, thus becoming a donor and get more updates as well and participate in our attempt to address burning issues we have that affect almost all immigrants like you and me.

    any questions just ask someone might try answer...

    also please take a moment to update your profile as well as that data will help us all





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  • meridiani.planum
    02-21 12:30 AM
    Highly suspicious. I would call ICE and confirm. Also, I would ask this "officer" to visit at the workplace in presence of your lawyer. No one has any business visiting your residence for enforcement of a work-related visa. Be careful; consult with your attorney before entertaining any such request.

    I second that. Why a visit at home? Workplace is the obvious place (actually calling YOU in the normal interview method). Call back and confirm... this could be a prank from some soon to be "ex" friend.





    kishdam
    02-16 09:14 AM
    Hi,
    I am talking to different lawyers for using AC21 - new position title and functions are almost similar with similar salaries in the same region, old employer might revoke the approved I140 but 180 days are over and I140 is approved - couple lawyers mentioned that the case is straight forward but still mentioned that they are not going to take the case because they decided not to do AC21 in many cases. Reason they mentioned is that underlying I485 is not filed by them and if its rejected for any reason there is a chance of mal-practise suit against them. The fact that they didnt do anything after taking the case might work against them. Their current insurance against mal-practise is not enough to cover these types of instances. I found the argument a bit weird but wondering if anyone else heard same - I heard this from 2 of the 3 lawyers I called locally.
    - kishdam





    masouds
    02-21 02:36 AM
    Hi

    Today I got a call from an officer in "immigration and customs enforcement" asking for an appointment to visit my residence for checing my immigration status.
    I am on H1B visa.

    I would appreciate if someone could give any sort of information related to calling for a home visit.

    Thanks

    You might want to call back his office and verify his status. He may have been an ICE employee two months ago. Is he still an employee there?

    Let them know that you will exercise your right to have witnesses and/or your attorney around you.

    This is very unusual indeed. How much time do you have?



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