Thursday, June 9, 2011

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  • aquarianf
    07-19 08:45 AM
    my attorney did not ask for w2 or tax return, my company uses berry, appleman and leiden, usabal.com

    wonder why different attorneys have different requirements


    Even my attorney didn't include any paystub,w2s or tax returns. According to them employment letter is enough.




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  • h1techSlave
    04-27 10:29 PM
    Most points are for joining the US Armed forces . I see where this is going .

    Smart move, wouldn't you say?

    Cheers,
    h1techSlave




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  • hpandey
    06-07 11:27 AM
    Thx a lot. I was so scared abt tht. I already have a job luckily my previous employer dind't cancel my H1 so used it and joined in a new firm

    But these people started sendin' mails and callin' me so was jst scared will i have to loose tht money for nuthin' as well movin' from PHX to NY coseted me almost like $15000 more over tension in findin' a new job i was totally screwed for the past 2 months...



    Thanks a lot again i will contact DOL @ the earliest


    Why are you writing as if you are writing a text message ? Are you writing from a computer or your phone ? I have a doubt about your authenticity. When did you come to US. Is this your first employer ? If you are not new you should be knowing the answers to all these questions ..




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  • ivgclive
    04-21 01:31 PM
    There was lot of talk in the past about lawsuit against USCIS against Porting and moving dates slowly etc.

    Has anything been done yet?

    This is something like filing a law suite against Manmohan Singh for having inefficient ministers under his goverment.

    Hire a top attorney, paying him half of your earnings to get an answer from the court saying that "thats how things work".



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  • drirshad
    08-13 03:31 AM
    He is gone .............




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  • hotbread1
    07-16 01:11 PM
    Please click one of the Quick Reply icons in the posts above to activate Quick Reply.



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  • indianabacklog
    08-13 11:39 AM
    Yes, i opened a new thread so that everybody can see that CIS does mostly work on cases according to 485 Receipt Date. Otherwise i can't justify my EAD approval. I filed 485 and AP on June 18th and got RNs 2 weeks later. But EAD was filed later on July 12th. I got the receipt number for EAD from the back of my cashed check but never got actual Receipt Notice. Today i got the email that card production has been ordered.

    So if they have to approve an EAD filed in mid July, they must have gone with the 485 Receipt date. There is an LUD for our APs too for this Sunday. I'm happy that they are processing the cases in somewhat FIFO order. I was expecting EAD only 3-4months later since i filed it along with the July flood of applications.

    Dec2002 EB3 India.


    From your case alone this is rather a sweeping judgment. I can assure you they do NOT process based on receipt date if they did my husbands EAD which was received on May 3rd would be approved by now and yours would not. He is still waiting thirteen weeks on.




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  • purgan
    10-13 07:23 PM
    The US is still the most competitive but the lead is shrinking...its clear that China, India and the emerging Asian economies have the size, the resources and the talent to catch up and probably surpass the US



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  • desi3933
    06-25 02:18 PM
    I agree. The argument that the AOS applicant doesn't need to have a job now is very aggressive and should only be used if absolutely necessary. If there is any chance of finding a new job soon, the first step would be to ask for more time to respond to the RFE.

    Thanks Elaine.

    My understanding is that, from legal point of view, the conditions for job offer must be maintained at all times while I-485 is pending. If there is a time when Job offer, that is same/similar to I-140 petition, is not available then the pending I-485 application can be denied just on this basis alone.

    Could you please share your views on this.


    .




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  • GCPagla
    03-16 02:18 PM
    Hi,

    Thanks for all your replies.
    I am trying to catch hold my lawyer. He is attending some conference today and said will be available tomorrow to respond.

    So just to sumup all your openion is:

    Job title should be same or not? I got 50-50 response on this. Do not know what to say, but kind of thinking may differ.
    Job Description on offer letter? should match word to word with LC

    Salary? OK as long as it is heigher.
    company size? does not matter.

    Please let me know if all the above assumptions are correct.



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  • pappu
    03-17 03:55 PM
    http://www.dhs.gov/xabout/structure/gc_1294871282792.shtm

    Teleconference Recap: FOIA: How Is It Working For You?

    On December 6, 2010, the Ombudsman's Office hosted a public teleconference on "FOIA: How Is It Working for You?" where the Ombudsman's Office interviewed Terry Sloan, Acting Center Director, National Records Center and Jill Eggleston, the Assistant Center Director ofFreedom of Information Act (FOIA) Operations for the National Records Center at the U.S. Citizenship and Immigration Services (USCIS).

    Inquiries to the Ombudsman's Office have identified FOIA requests as an area where the public continues to experience frustration in relation to citizenship and immigration services. Please direct any inquiries related to the topics raised in this teleconference to Margaret Gleason, Senior Advisor to the Ombudsman, at margaret.gleason@dhs.gov. If you have a concern with your USCIS FOIA request and have been unable to resolve the issue with USCIS, the Ombudsman's Office may be able to help.
    Freedom of Information Act

    Under the FOIA statute, "any person" may request documents from a U.S. government agency. This applies to both U.S. citizens and to citizens of foreign countries. The law allows 20 business days for response to a FOIA request. USCIS has been unable to make that deadline to date, although processing has improved in the past few years. Agencies may withhold information from a FOIA requester under certain exemptions. The law does not allow an agency to withhold information for other reasons, such as possible embarrassment to the agency.
    USCIS Processing of FOIA Requests

    USCIS FOIA processing is consolidated at the National Records Center (NRC). Prior to 2005, FOIA requests were decentralized, and could be handled on the local level by USCIS. In FY 2006, USCIS had a backlog of more than 88,000 FOIA requests. Jill Eggleston reported in the teleconference that in FY 2010 the backlog was down to 8,000 cases.

    There are currently 120 NRC employees, with 30 more new employees authorized for hiring in 2011. Ms. Eggleston informed teleconference participants that current USCIS processing times for FOIA requests vary according to the type of request and that USCIS sorts FOIA requests into three separate tracks. Ms Eggleston also noted the processing time for each type of request.

    * Track One FOIA Requests, or simple document requests, are those that request only a specific document, such as a copy of a particular immigration petition.
    Processing time: 43 working days
    * Track Two FOIA Requests are those where an entire file is requested.
    Processing time: 34 working days
    * Track Three FOIA Requests are those requests where the individual has a pending hearing scheduled before the Immigration Court.
    Processing time: 59 working days

    In the FOIA Annual Report for Fiscal Year 2009, the processing times published for USCIS show an average processing time of 215 business days for Track One FOIA requests, 344 business days for Track Two FOIA requests, and an average of 60 business days for Track Three FOIA Requests.
    USCIS FOIA Process

    As stated on the teleconference, FOIA requests to USCIS can be made with a Form G-639 (PDF - 2 pages, 100 KB) or by written request submitted by mail to USCIS NRC, P.O. Box 648010, Lee's Summit, Mo. 64064-8010; or by fax to 816-350-5785. Most FOIA requests are free, but if fees exceed $25, the requester will be notified in advance of such a charge. Ms. Eggleston stated that a web-based request system would be established in the near future and will be rolled out in two phases: Phase One will be for media requests, while Phase Two will be for all other requests. Currently, the status of a FOIA request can be checked with an NRC receipt number through the FOIA link on USCIS Home Page (http://www.uscis.gov).

    Appeals of USCIS FOIA denials or material withheld under FOIA exemptions may be filed to USCIS FOIA Appeals, 150 Space Center Loop, Lee's Summit, Mo. 64064-2139.

    As noted in the teleconference, more information on filing FOIA requests with other Department of Homeland Security components, such as U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement, is available at DHS | Freedom of Information Act & Privacy Act (http://www.dhs.gov/foia).
    Expedite Criteria

    By regulation, there are narrow expedite criteria that may allow a requester priority to receive a FOIA response. Expedites will only be granted for cases that present an imminent threat to life or safety requiring the FOIA response, or where there is an urgency to inform the public.

    Overall, FOIA requests are handled on a first-come, first-served basis, which is only differentiated based on the three tracks described above, or the occasional expedite case.
    Teleconference Questions

    In response to questions from callers on the teleconference, Ms. Eggleston stated that certain information is required with a FOIA request to verify identity including name, address, date of birth, and place of birth. Without this information, a FOIA request is incomplete. If information in a file is incorrect, a Form G-639 (PDF - 2 pages, 100 KB) can be used to correct information under the Privacy Act. Another caller asked if USCIS could retrieve an envelope with a postmark from a particular file under FOIA. This documentation might be needed to support an application for adjustment of status under . Ms. Eggleston stated that there is a separate receipt file where payments to USCIS are recorded. If a receipt is requested, the FOIA request should specify that the NRC should search the alien's receipt file.

    If records are requested on behalf of a child, Ms. Eggleston stated that names of parents will be requested, and USCIS may ask for proof of parent or guardian relationship before sending information to that party.

    Ms. Eggleston said that sometimes in denying FOIA requests for persons with final removal orders, USCIS invokes the 'fugitive disentitlement doctrine' under Meddah v. Reno, No. 98-1444, (E.D. Pa. Dec. 8, 1998). She also said that her office may refer such FOIA requests to Immigration and Customs Enforcement (ICE




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  • sb15
    01-31 10:25 PM
    Thanks for your time guys...just curious hopefully SB can help me...how do I find out my I-140 subcategory(skilled category or Professional).In my I-140 receipt notice under section it mentioned as Skilled worker or Professional, sec.203(b)(3)A(i) or (ii)

    If your i-140 reciept mentions 'Skilled worker or Professional, sec.203(b)(3)A(i) or (ii)' Then you are good to go.....dont worry about it was applied as skilled worker.... you should not have any problem in getting the approval again if you company financial status is good..

    All the best..

    BTW what is your service center, NSC or Texas ?

    Thanks
    sb



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  • HalfDog
    03-12 03:11 PM
    It is an indication of my design style but I will be submitting a more..fine-art piece.

    Ah hell I'll explain, it was done with an ink pad and my thumbs (only).
    It's somewhat of a photo realism piece.




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  • manderson
    07-17 02:49 PM
    we really have to be morons to take anynonymous comments at face-value.

    or did you post the comments yourself and like the attention?



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  • kookoo
    08-03 05:15 PM
    I worked for a firm for last couple of years and then moved to another firm. Now I want to apply for a Perm process and need the Experience letter. My previous employer has issued me the experience letter without my roles and responsibility:

    It was an unprotected word file, so I changed it and incorporated the roles and responsibilty and my self submitted it to my employer; Now i am afraid if they are going to verify it.

    1. What is the INS verification process?
    2. Do employer can verifty it by Fax?
    3. What can happen if INS came to know that everything was fine except the roles and responsibilities was included afterwards?




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  • immihelp1
    07-17 06:22 PM
    India76,

    U have till Aug 17th to file AOS. U can go to india and come back before AUG 17 to file



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  • thepaew
    09-24 03:44 PM
    Okay - Good Luck! I hope that you get your GC and admit soon. Most probably, I am headed to a non-US program next year as I have waited too long for the elusive GC. :-)

    Ciao

    thanks for your advice. It is still OK if due to GC screwup, I cannot attend rather than my GC comes through next year, and I fret over why I did not apply. of couse, this is a personal choice. But, this is how I have decided to face the situation. I know of people who have applied 3 times and gone through. Also, deferrals for genuine reasons are allowed by schools, though not all.
    Also, MBA process is less stressful than say, applying to MS from India. Being in USA for last few years, we now know better about what is what.




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  • GC_SUCK
    11-02 02:37 PM
    I will appreciate your comments on my situation. I also have approved I-140 from TX and my company may ask me to move to NY/NJ for another project.

    I also have one LC from MN pending in DBEC. Can I move to NY or do I have to go thru the PERM again?

    Help?




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  • nixstor
    02-24 07:20 PM
    Visa stamping is not necessary to remain in the US so wondering why a CPA would consider this a necessary work expense.

    Thats correct.

    Every one can interpret them to their own way and can decide whether its deductible or not. Any thing related to business expenses, if IRS were to question the tax payer, IRS will ask for written substantiation from the employer. Guess what happens! The same CPA who told all these rosy stories and got a decent percentage on your fattest return simply tells you to get that letter. With out all that documentation, I doubt they will fight the audit.




    vik352
    12-08 03:19 PM
    Thanks ashkam. I am still on H1, this is exactly what I needed to hear. I will confirm this with my attorney too. Thanks again!

    According to my attorney, if you are in valid H1 status, your wife can get her H4 stamped, reenter on an H4 and still maintain her GC application. Once she comes back, she can go back to work on her EAD and transition into I-485 pending status.




    psam
    10-27 10:30 PM
    Hi Sam,

    I am in same situation i didn't receive the cards did you find any thing about your card. please let me know it helps me a lot.

    Thanks

    Calling up Customer service fixed it. My card did arrive a month+ after my spouse. there was some problem with production of my card first time around.



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