sixburgh
04-13 10:48 AM
Perfect....
Yes I called the original civil surgeon and the TB test is going to cost $15 only and Xray $40.
I found the reason I got the RFE.
I had a copy of the last TB test report.
That civil surgeon FORGOT TO CHECK MARK the TB test !!!!
He checked a different section !!!
I feel bad that I missed to read it!
I could have rectified the DARN doctor then and there.
It was during the July fiasco. We were all in a hurry and tensed up.
Thanks for your update.
Once this RFE is cleared, I am going to Sue that doctor for expenses!
I feel sad that people dont do their jobs properly in this ADVANCED country.
Yes I called the original civil surgeon and the TB test is going to cost $15 only and Xray $40.
I found the reason I got the RFE.
I had a copy of the last TB test report.
That civil surgeon FORGOT TO CHECK MARK the TB test !!!!
He checked a different section !!!
I feel bad that I missed to read it!
I could have rectified the DARN doctor then and there.
It was during the July fiasco. We were all in a hurry and tensed up.
Thanks for your update.
Once this RFE is cleared, I am going to Sue that doctor for expenses!
I feel sad that people dont do their jobs properly in this ADVANCED country.
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krishnam70
02-15 03:51 PM
Oh, so when you made the statement below you were not assuming everyone fakes their projects because YOU fakes yours? All of a sudden you became this guy that has never faked his resume! From your statement anyone would assume that you are not the guy you are claiming to be - genuine!
As an architect i participate in interviews of dozens of people all the time for all positions in my teams and I know how they fake resume's. Anyway enough of this .. there is no point in responding to this diatribe..apparently you have too many frustations
have a great day
kris
As an architect i participate in interviews of dozens of people all the time for all positions in my teams and I know how they fake resume's. Anyway enough of this .. there is no point in responding to this diatribe..apparently you have too many frustations
have a great day
kris
krishna.ahd
02-18 09:24 PM
What happens if you get laid off by your employer right after you get the green card? That's different than voluntarily leaving your employer, isn't it?
I guess you are still eligible for unemployment benefits!!!!!!!!!!!!!!!!!!!!!!!!!
I guess you are still eligible for unemployment benefits!!!!!!!!!!!!!!!!!!!!!!!!!
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newxyz100
07-19 02:10 PM
My Lawyer does whatever my employer tells him. They never give any receipt notice or approval notice to employees.
They did not even let me file my EAD and AP along with I-485.
I can file EAD/AP myself but I'm worried they might not give me the receipt notice of my I-485 filed in july, in a last ditch effort to prevent me from fleeing(I don't yet have any intention btw) or atleast make it difficult for me.
I'm sure there would be many in this situation.
Any thoughts what can be done?
IF you have used your personal checks the receipt is usually at the back of the checks. Esle just call the help desk and give all your information and if the guy is in good mood he can provide you the receipt number.
They did not even let me file my EAD and AP along with I-485.
I can file EAD/AP myself but I'm worried they might not give me the receipt notice of my I-485 filed in july, in a last ditch effort to prevent me from fleeing(I don't yet have any intention btw) or atleast make it difficult for me.
I'm sure there would be many in this situation.
Any thoughts what can be done?
IF you have used your personal checks the receipt is usually at the back of the checks. Esle just call the help desk and give all your information and if the guy is in good mood he can provide you the receipt number.
more...
coolest_me
02-08 06:03 PM
One of friends got advice from a tax consultant about the 401K withdrawal question you have. The best approach in this case would be to phase out the withdrawal amounts over a period of successive years. When you are in India, you are not earning US income. So say if you take 10K the first year, it will be considered income earned in US for which you have to pay tax. Since 10K is below the standard deduction amt, you will not have to pay any tax. The penalty will still apply as you are breaking the 401K.
Disclaimer - Talk to a tax professional.
Thanks
Does someone knows if this is true for Traditional IRA also ?
Disclaimer - Talk to a tax professional.
Thanks
Does someone knows if this is true for Traditional IRA also ?
kris04
07-09 07:38 PM
Hi,
My attorney received an EVL RFE for my I-485 case. My PD is 2007 EB3 so I don't have any hope of getting GC but I guess they are just pre-adjucating my case.
Here is my situation - I filed my !-485 in Aug 2007 and changed job (without filing any AC-21 paperwork with USCIS) in April 2008. My attorney had looked at new job description and given green signal for change. My entire immigration history of 10 years in US is totally clean with no gaps and with all work autorizations.
Now, my concern is that the letter that my attorney has prepared for my current employer to sign has lot of legal lingo (AC-21 language, lot of CFRs, info related to my LCA and I-140) and has some language to the effect of supporting my LCA and I-140 till my GC is approved. It also states that my current employer was able to afford to pay my salary since the LCA date. My employer is fortune 5 company so money wise there is no problem but my concern is that they may not want to sign such a lengthy (wordy) legal doc without consulting their Immi attorney. I don't have much time to respond (only 8 more days). So if my employer takes long time or tells me that they can not sign it, I want to be ready with Plan B. Can someone suggest what should I do?
1 - should I prepare a simple document with job duties, responsibilities, start date, salary etc that my employer will be willing to sign. So at last moment I can atleast get that signed. Something will be better than nothing.
2 - Should I / (bigger question is can I) ask USCIS to give me more time to respond to RFE?
3. Provide simple letter from employer with an affedavit or something stating that the new job is same / similar as the old job.
Sorry for a long post and thanks for any suggestions.
Hi,
Don't worry about this RFE, looks like your attorney is over reacting in responding to RFE, my close friend got a similar RFE last year when he used AC 21 without notifying USCIS and joined a new employer, he just responded to the RFE with the copy of the offer letter and a new standard HR letter provided for giving EVL letter for any purpose, but addressed to USCIS signed by an HR representative, upon the RFE response USCIS approved his I 485 within 15 days. USCIS is just trying to make sure you're currently employed and in the same profession, I think just getting the automated EVL and getting it signed by the HR plus your offer letter copy should be sufficient. I myself successfully used AC 21 , but by notifying USCIS after joining new employer and got my GC approved last year without any RFE.
Good Luck
Cheers
kris
My attorney received an EVL RFE for my I-485 case. My PD is 2007 EB3 so I don't have any hope of getting GC but I guess they are just pre-adjucating my case.
Here is my situation - I filed my !-485 in Aug 2007 and changed job (without filing any AC-21 paperwork with USCIS) in April 2008. My attorney had looked at new job description and given green signal for change. My entire immigration history of 10 years in US is totally clean with no gaps and with all work autorizations.
Now, my concern is that the letter that my attorney has prepared for my current employer to sign has lot of legal lingo (AC-21 language, lot of CFRs, info related to my LCA and I-140) and has some language to the effect of supporting my LCA and I-140 till my GC is approved. It also states that my current employer was able to afford to pay my salary since the LCA date. My employer is fortune 5 company so money wise there is no problem but my concern is that they may not want to sign such a lengthy (wordy) legal doc without consulting their Immi attorney. I don't have much time to respond (only 8 more days). So if my employer takes long time or tells me that they can not sign it, I want to be ready with Plan B. Can someone suggest what should I do?
1 - should I prepare a simple document with job duties, responsibilities, start date, salary etc that my employer will be willing to sign. So at last moment I can atleast get that signed. Something will be better than nothing.
2 - Should I / (bigger question is can I) ask USCIS to give me more time to respond to RFE?
3. Provide simple letter from employer with an affedavit or something stating that the new job is same / similar as the old job.
Sorry for a long post and thanks for any suggestions.
Hi,
Don't worry about this RFE, looks like your attorney is over reacting in responding to RFE, my close friend got a similar RFE last year when he used AC 21 without notifying USCIS and joined a new employer, he just responded to the RFE with the copy of the offer letter and a new standard HR letter provided for giving EVL letter for any purpose, but addressed to USCIS signed by an HR representative, upon the RFE response USCIS approved his I 485 within 15 days. USCIS is just trying to make sure you're currently employed and in the same profession, I think just getting the automated EVL and getting it signed by the HR plus your offer letter copy should be sufficient. I myself successfully used AC 21 , but by notifying USCIS after joining new employer and got my GC approved last year without any RFE.
Good Luck
Cheers
kris
more...
pappu
11-28 07:33 PM
Got the approval notice today :) "Welcome to the United States of America" - ironically i have been in this country for a decade now! finally the "welcome" :)
It has been a very long journey!!! and a very frustrating one for the last few years... but the feeling that I now get is really liberating... first thing I did was thanked God for ending the seemingly endless wait that me and my wife (she didn't care as much) were in.
I'm already thinking of the things I want to do after this new found liberation... it includes showing the middle finger to those who have taken undue advantage of my status :cool: :D and i'm not taking it anymore... I'll be a new person starting Monday!
Just so there is no confusion... my PD was Feb 2003 EB3 but my wife's PD was EB2 April 2004... we got our freedom through her application. If anyone needs more info on how/what/when - i can share that (it had its up's and downs - mainly downs, but all's well that ends well)!
Lastly as a token of my real support to the cause of IV I will be donating a small amount. I have donated in the past... I have participated in conversations in the past... I was not so active on other fronts but I truly believe in this organizations effort to help the community. And God willing each one of you will get this freedom soon! God Bless!
Congrats.
It has been a very long journey!!! and a very frustrating one for the last few years... but the feeling that I now get is really liberating... first thing I did was thanked God for ending the seemingly endless wait that me and my wife (she didn't care as much) were in.
I'm already thinking of the things I want to do after this new found liberation... it includes showing the middle finger to those who have taken undue advantage of my status :cool: :D and i'm not taking it anymore... I'll be a new person starting Monday!
Just so there is no confusion... my PD was Feb 2003 EB3 but my wife's PD was EB2 April 2004... we got our freedom through her application. If anyone needs more info on how/what/when - i can share that (it had its up's and downs - mainly downs, but all's well that ends well)!
Lastly as a token of my real support to the cause of IV I will be donating a small amount. I have donated in the past... I have participated in conversations in the past... I was not so active on other fronts but I truly believe in this organizations effort to help the community. And God willing each one of you will get this freedom soon! God Bless!
Congrats.
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OLDMONK
07-19 03:17 PM
8 CFR Sec. 245.2(a)(4)(ii)(C) . It says:
(C) The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-1 or L-1 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien remains eligible for H or L status, is coming to resume employment with the same employer for whom he or she had previously been authorized to work as an H-1 or L-1 nonimmigrant, and, is in possession of a valid H or L visa (if required) and the original I-797 receipt notice for the application for adjustment of status.
Looks like we can ask for a receipt notice in case we are travelling out of the country. Atleast ask!
Yes this a legit reason to get receipts. But if you have been denied receipts by employer/lawyer in recent past. Give this reason a little time, if you know what I mean. Else this reason would also go to waste.
My Lawyer has been good in this regard and usually scans a copy and emails to my HR/Supervisor and Myself as soon as she get any notices/rfe's etc. I think this would be the pattern of most employers if not all.
(C) The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-1 or L-1 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien remains eligible for H or L status, is coming to resume employment with the same employer for whom he or she had previously been authorized to work as an H-1 or L-1 nonimmigrant, and, is in possession of a valid H or L visa (if required) and the original I-797 receipt notice for the application for adjustment of status.
Looks like we can ask for a receipt notice in case we are travelling out of the country. Atleast ask!
Yes this a legit reason to get receipts. But if you have been denied receipts by employer/lawyer in recent past. Give this reason a little time, if you know what I mean. Else this reason would also go to waste.
My Lawyer has been good in this regard and usually scans a copy and emails to my HR/Supervisor and Myself as soon as she get any notices/rfe's etc. I think this would be the pattern of most employers if not all.
more...
dummgelauft
07-12 11:01 AM
ah - never mind - i see it now, after one logs in! :)
I love your handle... F O O B A R 2001...how appropriate, given the situation we all are in..
:-)
I love your handle... F O O B A R 2001...how appropriate, given the situation we all are in..
:-)
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glus
01-25 08:04 AM
USCIS has F1 file. If it illegal to apply for PERM while on F1, why did USCIS not reject PERM?
If they did not catch it at PERM, why did they not catch it at the I-140 stage?
Hi Macaca:
USCIS cannot reject PERM as USCIS has nothing to do with PERM. PERM is done by the dept of labor, and this agency is not part of USCIS.
In terms of PERM, PERM is not considered an "immigrant petition" and thus would not be deemed as violation of status. PERM is berely the assurance there is no workers who want to take the job in the position beeing sought. Note, that when you go for a visa, one of the questions asked is, Have you ever filed an immigrant visa petions, or has an immigrant visa petiion was ever filed on your behalf?"
The law finds an immigrant petion only when one applies via I130 (family based immigrant petition" or I140 (employment based immigrant petition). Only filing of IMMIGRANT PETITION would constituate a violation of one's non-immigrant intent and status.
I am not an attorney, so do not take my answers for granted!
Regards to all,
If they did not catch it at PERM, why did they not catch it at the I-140 stage?
Hi Macaca:
USCIS cannot reject PERM as USCIS has nothing to do with PERM. PERM is done by the dept of labor, and this agency is not part of USCIS.
In terms of PERM, PERM is not considered an "immigrant petition" and thus would not be deemed as violation of status. PERM is berely the assurance there is no workers who want to take the job in the position beeing sought. Note, that when you go for a visa, one of the questions asked is, Have you ever filed an immigrant visa petions, or has an immigrant visa petiion was ever filed on your behalf?"
The law finds an immigrant petion only when one applies via I130 (family based immigrant petition" or I140 (employment based immigrant petition). Only filing of IMMIGRANT PETITION would constituate a violation of one's non-immigrant intent and status.
I am not an attorney, so do not take my answers for granted!
Regards to all,
more...
maddipati1
08-14 05:10 AM
possible reason for mysterious rejections :
You are a mail room guy, you go home friday (06/29) and comeback on monday (06/02).
You start the monkey business of timestamping incoming mail, but half an hours into the day (around 8 or 9:00 am), you realize "sshhttt: i did not change the date on my stamp, its still read 06-29-2007". In the classical govt. fashion, you do not bother to go back and restamp the applications with the correct datetime. Not because you are evil, but because you simply don't understand the ramifications of early stamping. You think u are doing the guy a favor, putting him/her early in line.. but guess what... the guy's application is gonna get rejected.
Could this be the case with some apps mysteriously being rejected?
WAAV GREAT LOGIC!!!! HOW COME I CANT THINK THIS WAY TO SOLVE THIS MISTERY. WAAV GENIUS IS HERE. YOU THE MAN. MAN U R VERY SMART. THATS IT. THATS HOW IT HAPPENED. UR IQ MUST BE VERY HIGH. :mad:
You are a mail room guy, you go home friday (06/29) and comeback on monday (06/02).
You start the monkey business of timestamping incoming mail, but half an hours into the day (around 8 or 9:00 am), you realize "sshhttt: i did not change the date on my stamp, its still read 06-29-2007". In the classical govt. fashion, you do not bother to go back and restamp the applications with the correct datetime. Not because you are evil, but because you simply don't understand the ramifications of early stamping. You think u are doing the guy a favor, putting him/her early in line.. but guess what... the guy's application is gonna get rejected.
Could this be the case with some apps mysteriously being rejected?
WAAV GREAT LOGIC!!!! HOW COME I CANT THINK THIS WAY TO SOLVE THIS MISTERY. WAAV GENIUS IS HERE. YOU THE MAN. MAN U R VERY SMART. THATS IT. THATS HOW IT HAPPENED. UR IQ MUST BE VERY HIGH. :mad:
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sunny1000
04-04 06:34 PM
Dear Core Team,
Many thanks for all the great work. Ignore all the negative comments.
Thanks
Many thanks for all the great work. Ignore all the negative comments.
Thanks
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gcvision07
02-12 10:03 PM
Please add me to the IL state chapter.
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Arise, Awake & stop not till the goal is reached. - Swami Vivekananda
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Arise, Awake & stop not till the goal is reached. - Swami Vivekananda
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coopheal
08-14 02:14 PM
I love your optimism.
1) EB 2 will be current. You are saying 09 Apr. I disagree. It will be at least 2 years before EB2 can be current.
2) After EB2 is current EB3 ROW will be advanced. You are saying 09 Apr. Again I disagree. To make EB3 ROW current will take up to 2 years after EB2 is made current.
3) After that EB3 will move. You are saying 09 Apr. I couldn�t disagree more. Even after that EB3 will get visa not used by all others for that year.
Thanks for being optimistic about EB3 but EB3 movement is not going to happen anytime soon.
EB3 I and in general all EB applicants need a solution now.
Until this process becomes so painful for us that we either go back or do a mass movement to get some legislative relief there are no better days for us.
USCIS is trying to make EB2 all countries Current sometime during FY 2009. Of course "a few" 2004, 2005 cases will still be pending past Oct08 but hopefully not too many.
If EB1 and EB2 are shown as current soon, then the DOS can transfer the so-called "spillover" into EB3 ROW, then into EB3 IN & CH.
Based on available numbers, EB3 India / China will see rapid movement in dates April 09 Visa Bulletin onwards.
What will happen during 2009 in all likely hood is the following,
Almost all EB1 spillover will go to EB3. (~ 25k)
Some of EB1 and all of EB2 spillover will go to EB2 IN/CH (~ 10k to 15k)
In 2009, there will be no more Name Check delays - therefore expect rapid EB3 approvals after April 09.
1) EB 2 will be current. You are saying 09 Apr. I disagree. It will be at least 2 years before EB2 can be current.
2) After EB2 is current EB3 ROW will be advanced. You are saying 09 Apr. Again I disagree. To make EB3 ROW current will take up to 2 years after EB2 is made current.
3) After that EB3 will move. You are saying 09 Apr. I couldn�t disagree more. Even after that EB3 will get visa not used by all others for that year.
Thanks for being optimistic about EB3 but EB3 movement is not going to happen anytime soon.
EB3 I and in general all EB applicants need a solution now.
Until this process becomes so painful for us that we either go back or do a mass movement to get some legislative relief there are no better days for us.
USCIS is trying to make EB2 all countries Current sometime during FY 2009. Of course "a few" 2004, 2005 cases will still be pending past Oct08 but hopefully not too many.
If EB1 and EB2 are shown as current soon, then the DOS can transfer the so-called "spillover" into EB3 ROW, then into EB3 IN & CH.
Based on available numbers, EB3 India / China will see rapid movement in dates April 09 Visa Bulletin onwards.
What will happen during 2009 in all likely hood is the following,
Almost all EB1 spillover will go to EB3. (~ 25k)
Some of EB1 and all of EB2 spillover will go to EB2 IN/CH (~ 10k to 15k)
In 2009, there will be no more Name Check delays - therefore expect rapid EB3 approvals after April 09.
more...
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sixburgh
05-04 11:15 AM
Update:
I got the results back from the civil surgeon.
He basically attached the original i693 form, updated the TB section which he had forgotten earlier. He also had taken an xray, so attached an xray report. Both of these, he sealed them in an envelope and I shipped that to USCIS with a covering letter and original RFE letter.
USCIS accepted it the next day and since that day I am seeing a lot of LUDs for my wife's case. I am sure that this is normal. I will just have to wait until they find something new! For now I think everything looks good.
I got the results back from the civil surgeon.
He basically attached the original i693 form, updated the TB section which he had forgotten earlier. He also had taken an xray, so attached an xray report. Both of these, he sealed them in an envelope and I shipped that to USCIS with a covering letter and original RFE letter.
USCIS accepted it the next day and since that day I am seeing a lot of LUDs for my wife's case. I am sure that this is normal. I will just have to wait until they find something new! For now I think everything looks good.
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vkjanam
03-31 12:38 PM
Done.
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snathan
08-04 12:15 PM
Team,
I am in eb3 with priority date jan/2007 and working with EAD and 485 pending.
my sponsered employer willing to promote me with my position and i was having thought of filing a new case in eb2 and port my eb3 priority date. my company has different sister company working in different areas, can I file my eb2 application from other sister company not from the company where my eb3 is filed?
Also I have 3 years degree and 1 year pgdca plus 10 plus years of experience. I wanted to know if you know anybody who filed eb2 with 3 years degree and 1 year pgdca? according to my research i may have trouble at 140 stage?
if my eb2 gets denied, what happens to my eb3 case?
Please advice.
Thanks,
Matt.
Its tough at I-140. But you wont have any issues with EB3
I am in eb3 with priority date jan/2007 and working with EAD and 485 pending.
my sponsered employer willing to promote me with my position and i was having thought of filing a new case in eb2 and port my eb3 priority date. my company has different sister company working in different areas, can I file my eb2 application from other sister company not from the company where my eb3 is filed?
Also I have 3 years degree and 1 year pgdca plus 10 plus years of experience. I wanted to know if you know anybody who filed eb2 with 3 years degree and 1 year pgdca? according to my research i may have trouble at 140 stage?
if my eb2 gets denied, what happens to my eb3 case?
Please advice.
Thanks,
Matt.
Its tough at I-140. But you wont have any issues with EB3
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sargon
12-21 05:38 PM
I was not bragging. I was just thinking out aloud, so to speak. Economic ups and downs like this this are a normal part of economic cycles in a capitalist economy. My observation is that IT industry is not as badly affected as other sectors. I have not seen people sitting without jobs for extended periods. I mean, some people do loose jobs but they get something else within a couple of weeks. That is pretty much normal functioning of markets.
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krishnagk
09-17 07:53 PM
Gurus
Any one got EAD from NSC i.e receipts with LINXXXXXXX filed in july & Aug?
Any one got EAD from NSC i.e receipts with LINXXXXXXX filed in july & Aug?
Ramba
09-25 12:34 PM
I recently moved to CA (San Diego). I have a DL valid till 2011, from the state where I lived before. Now, I am in AOS pending status. No more H1B visa and I-94 expired long time back. I have EAD and AP. If I go to DL office for california DL,what will be the validity period? Will it be till the EAD ( which is going to expire in next 3 months ) ? In this case I do not want to show my EAD to apply the licence. Will they accept 485 recipt notice to prove my legal status in USA ? Will they give five year license in this case?
go_guy123
05-26 11:03 PM
Dude, what are you talking about :confused::confused::confused: Am I missing any comedy here?
No, just years of EB backlog are taking a toll on his health and mind.
No, just years of EB backlog are taking a toll on his health and mind.
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