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  • plp039
    10-02 01:46 PM
    The only thing seems to be happening is that they are transferring cases from NSC/TSC to CSC/VSC for EADs, APs and I-485s for data entry and EAD/AP approval.

    --> I thought I'd get the EAD since it's been 90 days from my filing.





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  • kedar_007
    02-07 08:18 AM
    Hello All-

    I am going to India via Franfurt next week.

    I have AP with visa expired.

    I saw the following document on German Consulate - New Delhi. http://www.new-delhi.diplo.de/contentblob/1827030/Daten/857105/DD_Airport_Transit_A.pdf

    It says:
    - a valid residence permit or visa for the USA, Japan, and Canada
    - An Airport Transit Visa is not required for holders of valid visa issued by
    Bulgaria, Romania, Cyprus, Ireland, United Kingdom, Canada, Japan or
    the USA irrespective of the travel destination.

    I have a Canadian Visitor Visa. Do you think I will need Airport Transit Visa or I am reading it wrong?

    Thanks for any help!





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  • gc_chahiye
    09-26 04:59 AM
    I received an RFE from NSE on Sep 2nd week asking me to prove that I have 5 years of experience after completion of degree.

    Country: India
    Date of Joining with current employer : Jan 2006.
    PERM Filing/ Approval Date: Aug 2006.
    I-485/ EAD filing Date: July 2007.
    I-140 RFE received date: Sep 2007.

    The RFE reads as follows.

    ---------------------------------------
    "Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
    If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
    ---------------------------------------

    This is my history.

    I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
    I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
    But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.

    I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
    I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.

    The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.

    Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.

    My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.

    I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.

    Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?

    Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow

    this is indeed problematic. I hope someone comes up with a good workaround, the only thing I can think of is:
    - start another PERM asap.
    - go ahead and respond to the RFE trying to explain what you have mentioned here. It'll be hard as technically you got your degree in 2002 (ie. you completed all the rquirements and got the cert)
    - if you get a denial, file an appeal, that buys you some time.
    - during that time hope your new I-140 comes through (for the PERM you are starting now) and then interfile that I-140 to your existing 485

    I dont know if doing an MTR on the 140 will also keep your EAD alive...





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  • makemygc
    07-27 12:55 PM
    Talked to an io at neb sc.within 5 sec of me starting to talk the ffice interuppted and she apologosed for doing that and said because of huge vol of appli there is a delay in the receipt notice.i SAID I AM july 2 nd filer and she said it might be in the first week of aug..(i had said the same thing in my earlier post too after i spoke toa diff officer)..She asked to keep checking the check clearnace.
    Hope this helps
    Thanks

    Why do you keep calling them everyday? What is the urgency of getting receipts?



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  • garybanz
    11-03 01:28 PM
    There is no such law that specifies any duration one has to be employed by GC (or AC-21) employer. Period.


    ______________________
    Not a legal advice.
    US citizen of Indian origin

    If that is the case, then why is it that all immigration attorneys are asking us to stay with our current employers citing this "Intent" thing? Are you saying that it's all smoke and no fire?





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  • sabkaNumbrAaga
    06-01 12:01 PM
    Try hard like you used to do during your school days...trying to get one of those first 3 ranks in class....:pVote yes...get a better rank and lesser wait times for your GCs.....Good Luck....:)



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  • rdehar
    07-17 11:25 AM
    Hey Guys, I don't know how many of you know about this link, but you can find out how your case is going and when it is supposed to be approved:

    http://www.immigrationwatch.com/immi_predict_form.jsp

    Gives me a peace of mind knowing how many cases filed around my date are approved ...





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  • gc28262
    01-26 06:32 PM
    Maybe it has no legal validity. But still why to accept it. If they ask you to pay the fine/penalty, you will have to fight it before winning.

    You can do one of these.

    1. Ask them to remove the clause from the letter
    2. Strike out the portion that mentions these and then sign it. Keep a copy of the signed document for yourself for future needs.

    If this is just a "standard", they should not object to one of these. By the way such open ended terms are not common in offer letters. It definitely sounds fishy.



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  • NO_Free_Rider
    10-11 10:58 PM
    My labor approved from PBEC (PD May 2003-EB3 India) on Aug 20!

    Yes, and I hear only EAD, AP, spouse' FP etc in this forum now.

    I missed the date by just a week:( .Not sure what to do here . People on the forum seems to be concerned about Fingerprinting and getting EAD's only .





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  • kiran_k02
    08-05 09:16 PM
    My Status

    NC pending since Sep 30, 2007 (Should be able to approve my case on 180 day rule).
    I140 AD: Jun, 30-2007
    I485 ND: Sep 21, 2007 --AD ??
    PD: Sep-2004.



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  • mariner5555
    11-21 04:50 AM
    I also work in a IT consulting position but still decided to go ahead and buy a home in St Louis back in September 2007. My 485/EAD/AP was filed in August 2007 and EAD approved a few weeks back. However despite my current situation, I believe buying a home was a wise decision considering the kind of lifestyle and security it provides for you and your family. I know a lot of my friends who decided to take the plunge and bought houses though they were working on H1 and have their GCs pending for a few years.
    Taking a plunge now on EAD is like drowning yourself. prices have not yet come down and will come down by 15-20 % over 5 years. there is talk about recession , job losses and more foreclosures. if you dont need the space ...DONT BUY. most of us dont need more space unless we have 2-3 grown kids who need their own rooms. renting is not same as throwing away money as you get a place to live. how does buying a home give you security ..it is more of a hassle if you are on EAD or H-1 and you need mobility after a job is lost. my friend who has good worldly experience rightly said ..buying a house now is like worrying about one more thing in life.





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  • gc28262
    03-11 11:52 PM
    I never said you are working on %age basis. I know many H1Bs work on %age basis like independent contractors. This leads to benching and USCIS is trying to crack down on
    that.

    That is right. %age basis is not allowed on H1. In fact it is not the %age basis that causes the issue. Not paying on bench is the real issue.



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  • vin13
    06-24 01:15 PM
    I understand that Immigration bill is not an easy one to pass. If it is being introduced again, hopefully they are not going to have the exact same wordings. I am sure they would have learnt something from the previous failures and come to some agreeable compromise.
    So i think it is good to have some hope and work towards making it happen. Lets not worry about failure. We have nothing much to lose.





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  • aamirzeeshan
    01-11 02:40 PM
    I understand your situation as i was there once. If you dont have insurance than your options are very limited. if you live in dallas county parkland hospital is your only choice. Parkland has a network of several clinics around DFW area. Every clinic has financial assistance department. You can visit any of those and they will setup a payment plan which is reasonable based on your income. You will visit them for all prenatal care and when the time comes for delivery it will be taken to parkland. and parkland is a very good hospital as well. beside parkland several hospitals also offer cash plans like RHD memorial at 635 but they will charge you close to 4k just for delivery day and if its a normal one. you will have to do prenatal at your own.



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  • insbaby
    10-21 09:43 PM
    Hi All,

    Looks like there are interpretation issues for few IV members (I'm not against to any member or isolating any one).

    However, I have noticed interpretation issues in understanding a thread / posting for few members (based on their reaction).

    The way RED dots are given really pinches to the posting owner.

    My GC has been approved and I have not married yet. So I have posted my issue on thread and seeking helping from fellow IV members. I have received nice responses. I also have noticed the following comments on my control panel.

    Looks like, some members have serious interpretation issues. They all gave me RED DOTS.

    I really don't understand, why some one behaves like this when some one else has a real problem


    1. Not married yet. GC... 08-07-2008 07:05 PM GC and still complaining! great!
    2. Not married yet. GC... 09-24-2008 11:13 AM parying god won't help
    3. Not married yet. GC... 09-27-2008 09:43 PM backdating ur marriage date is illegal.


    Not only to this thread, I have been noticing since a year, few members comments are terrible. Those kinds of comments would not help and Demoralize fellow IV members.

    Some of them reacts and attacks the original thread poster. The answer posted would not even related to what original poster has asked for?. Don't know what people understand and what they post.

    May be, we have to do some thing in this cases.

    Ps: This is con traversal topic, See how others react based on their interpretation .

    You can't fix everything. Be ready for both.

    Here are some ways to handle this:

    1. Take it easy (Long term solution)
    2. Don't click on the "UserCP" link (Short term)
    3. Take a break from IV for few weeks (Short term)
    4. Open few threads and give reds left and right for 5 people (Immediate relief)





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  • downthedrain
    02-17 04:55 PM
    got LUD on 1/29, 1/30 RFE send, 2/10 RFE evidence received, 2/11

    another LUD today for me 02/17



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  • traffic_engr
    04-01 05:55 PM
    Sent #10 earlier





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  • gsc999
    10-12 10:15 AM
    May I ask what was your contribution to make a difference?
    Did you expect president Bush to come out in the rally and distribute green cards to all present? If you did, come back to reality...
    ---
    On a similar note, I kept reminding people at the DC rally to take it easy and walk slowly because the greencard office had closed early that day and they wouldn't get their GCs at the rally finish line, what was the hurry about? :)

    Or is there a need to change the IV strategy and leadership?
    What is the cause, people?
    Viva: We had a conference call for the Nor. Cal. chapter yesterday, there are some leadership positions available, I take this opportunity to offer you a position of your choosing. Join the Nor. Cal. yahoo group and talk to us. Talking "at" us won't solve this issue. We value your feedback but you don't have any right to discredit the hard work and sincere effort of more than thirty people who flew from California and thousands of IVer who attended the rally. If you are really serious about this matter than join us. I promise, together we can achieve success.





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  • go_guy123
    11-03 01:40 PM
    I can't get you "Green" card fast...but this "green" I think I can:)

    Thank you Leo and others for greens....I hope piecemeal will arrive soon.





    GKBest
    08-20 07:55 PM
    Do you happen to know who used your labor certification? If you have a copy of the LC and I-140, inform the DOL /USCIS that someone has used your LC and I-140 without your knowledge. I'd like to believe that USCIS will take note of this and will deny the application of the person who used your LC and I-140. Your employer will be in deep trouble because of what he has done. USCIS may investigate the case. It will be wise not to mention that you paid anything. The fact that you were hired under H1 status and is still working with him shows that the LC and the I-140 rightly belongs to you.





    chanduv23
    10-10 02:39 PM
    Service industry is not always based on labor cost differentials. Many services are value added services. For example, stock brokers used to charge $200 and above for stock trades; however, electronic brokers came and made the industry efficient and hence can profit more by charging only $10 or even less. But this does not mean that the stock brokers are earning less. In fact they are earning more than before. However, their value additions come from faster settlement times and high volumes. This is easier to analyze. Now look at London or Hong Kong -- what services it provides and why is it booming?

    High investments in R&D in general is good for economy but not necessarily true for a company. For example, German manufacturers are best R&D shops; however, their over investment in precision is precisely their problem. On the other hand Apple copied mp3 music players from Creative and made millions. One can find countless examples of skilled marketing (services) not innovative products making money. So don't assume that R&D investments are always good for a company.

    Finally, Wipro & the likes -- they have already opened up shops in China, Mexico, Brazil (yes)... and finally if dollar falls further they could actually buy the US companies and make them efficient (Honda and GM example).

    Yes, and providing "Skilled Labor" is basically a value added service. Another poster Sanju got it right "Issue is not with body shops or companies, issue is within the thought process of these politicians - what they are trying to achieve"