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  • permfiling
    07-21 11:39 AM
    My spouse switched from H4 to H1 so to file 485, I guess the forms are the same and I need to add the marriage certificate.

    Any other forms needed ?





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  • dan19
    06-07 04:43 PM
    Thanks a lot for all your opinions. This forum was really helpful.

    Dan,
    I am no expert but I believe you got this query because you did not include reference letters along with your labor application. For example if the job requires 2 years of of java experience then you need to include letters proving that you have worked in java for 2 years and thus you are the suitable person for the position.





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  • dan19
    06-07 04:43 PM
    Thanks a lot for all your opinions. This forum was really helpful.

    Dan,
    I am no expert but I believe you got this query because you did not include reference letters along with your labor application. For example if the job requires 2 years of of java experience then you need to include letters proving that you have worked in java for 2 years and thus you are the suitable person for the position.





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  • akhilmahajan
    10-22 09:00 PM
    In New England area, we have a lot of people waiting for their GC's. I dont know what are you waiting for.

    Come on folks, all of you are well educated to know that we need to take some action to fix the problem.

    Come on Folks together we can.

    GO IV GO.
    TOGETHER WE CAN.



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  • 24fps
    02-12 01:44 AM
    AFAIK, citizenship cannot be revoked. It is green card (permanent residence status) which can be revoked.



    wrong , naturalized citizen have been stripped of their citizenship and kicked back to country of origin , its rare , but if they find out a scam marriage they will not hesitate to do it , its been done before

    http://www.amren.com/mtnews/archives/2007/11/exagents_sister.php

    Two of her sisters�including Nada Nadim Prouty, the former FBI agent and CIA operative who pleaded guilty two weeks ago�have been targeted in the investigation. And a former roommate, a decorated Marine Corps captain, also is being investigated.

    All of them are Lebanese immigrants. Most will be stripped of their citizenship and face possible deportation.





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  • Munna Bhai
    12-04 01:09 PM
    Guys,
    Now I know that I am screwed. Today my lawyer told me that my I-140 is denied due to the ability to pay issue. I applied for the I-140 in February 2007, Got RFE in August 2007, Responded to RFE in Ocetober 2007, My RFE was really huge, and now the denial comes on to the Ability to pay issue.
    I just had a meeting with my laywer and he told me that I am simply messed up and nothing can be done. I suggested him to take the route of to get the finiancial statement from the company CPA and then appeal. Here is my current situation and I am really looking towards all of your for helping me out here so PLEASEEEEEEEEEEEEEEEEEEEEE help me.


    H1b is expiring in June 2008

    I don't know what comprises a financial statement from the CPA ( Can anybody provide me with the template or sample)

    AS per labor I suppose to be getting 70000$ as my wage starting from the year 2003 to 2006, but I was not though the difference is not that huge and can be adjusted in vacation time etc.

    The company is really samll about 15 employees.

    The company tax returns for year 2003, 2004, 2005 are not good


    Now the question is should I file MTR or file an appeal. What is best way to get the approval and also to get an extension on H1b so that If necessary I can file for another labor from the same employer.

    Please help me

    RB

    Your current salary has nothing to do with ability to pay issue. It looks like your company's tax returns was not good enough and uscis sees that company cannot pay what they state in labor.

    Open MTR and borrow sometime and meanwhile jump to another company and start fresh. If your I-140 is approved, you will get 3 years extension.



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  • yagw
    10-09 10:45 AM
    from what i infer :
    if visa numbers are available then it should go to the retrogressed country.
    there are about 40,000 visas for EB3 for entire world.
    and if you look at demand, other countries hardly has any. so
    ultimately a lot of visas from those 40,000 should come to india.

    Not to discourage, the above wording didn't say this. It just says "numerical limitation should not be imposed." What you have is one way of extrapolating it. How the spill over should happen is somewhere else in that law i believe.

    BTW, one thing that is clearly mentioned in the above paragraph is that the spill over should happen every quarter which USCIS is not following. And there were some initiative to let USCIS follow this, but didn't go farther

    Please search the forum and also check the "predictions/calculations" thread for more discussion on these.





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  • nb_des
    06-06 04:57 PM
    Dan,
    I am no expert but I believe you got this query because you did not include reference letters along with your labor application. For example if the job requires 2 years of of java experience then you need to include letters proving that you have worked in java for 2 years and thus you are the suitable person for the position.

    Hi friends,

    I got a letter from BEC stating that I need to prove that I possess some skills for my Labour to be approved. The skills are Java, JSP and Servlet.

    I am a Masters' degree holder from US and a Sun Certified Java Programmer.
    I did courses during my MS related to Java, JSP and Servlet.

    I am really perplexed why the DOL is asking me to prove my Java skills!!!
    Will they accept my certification and course work syllabus? If not, how can I prove that.

    It is really dissapointing since I have been waiting for Labour for 4+ years. It was filed under EB3.

    Thanks for you helps in advance.
    Dan19.



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  • roseball
    10-06 07:24 PM
    Mine is actually a bit pecular case
    Employer A filed my EB3 (PD12/04 -substution) in 2007.
    Employer A was acquired by Employer B (maintained very good relation with Emp A and B).
    Had to file AC21 with EmpB as USCIS delivered RFE.
    I changed full-time to Employer C ( Large Fortune 100 company), but they never agreed to file another EB2 and port by EB3 PD.
    I worked out with EmpB to file my EB2 and worked a deal which doesn't require transfer back to them again which they did. My labor was approved in 6 months and EB2 I140 was approved in 1 day(last month) and it retained the EB3 PD along with I485 A#.

    Since then I am waiting for an update from USCIS.

    BTW...Funny thing is that I have been always working with EmployerC first as a contractor( EmpA and EmpB) and later turned fulltime with them.

    The whole point of the GC process is that, there is a permanent job available for you at the company which sponsored your GC. If your GC is approved, you "HAVE" to work for Employer B. Though USCIS won't know whether you are working for the GC employer but it could come back and haunt you anytime in future and they could revoke your GC if they consider it as fraud.





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  • apb
    12-21 05:46 PM
    as long as your job duties are the same or similar it doesnt matter what title and salary it is..this is according to my lawyer....

    Please search for postings by Logiclife on Aytes memo. The memo says that if the salary is "substantially" higher then the 485 could be rejected because it can possibly be concluded as not being in the same Job.



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  • nivasch
    05-25 07:54 AM
    Just sent Fax #16





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  • santb1975
    12-01 02:20 AM
    1. Has anyone ported off to self employment using AC21 and has
    received a Green card?
    2. Did porting to self employment trigger an RFE or a NOID?
    3. Does porting to self employment always trigger an RFE?
    4. What steps did you take to address the RFE?
    5. Does your firm have to be profitable when you ported off to self
    employment using AC21?

    Please share any or all of your experiences, thoughts etc.



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  • nogc_noproblem
    04-21 04:25 PM
    I could able to see the April 15 processing dates.

    So, TSC has completed processing applications received until June 29th and currently working on July 2 applications, interesting!!!





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  • ivuser
    02-18 12:26 AM
    I was under the impression that after an I-140 is approved, the underlying labor certification cannot be substituted even if substitution is not made illigal. Correct me if I am wrong!


    If a 485 is approved for a LC, then the LC can not be substituted for any one else. It is not true for approved I-140.



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  • rbharol
    08-12 10:17 PM
    I attended it with family.
    Guys it was a great event. We had chance to talk to Aman and Prateek in person and Aman answered all our questions too.

    I hope more and more IV members join Sep 18 rally in DC.





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  • niklshah
    08-06 10:50 AM
    - All copies of AP
    - EAD
    - Passport, of course
    - H-1B 797, if valid and if you wish to try entering on H1B
    - 485 receipt notice (Good to carry)
    - 140 approval notice (Good to carry)
    - Labor approval notice (Good to carry)
    - Company identification card/badge (Good to carry)
    - Current employment verification letter (Good to carry, I never did and I was okay)
    - Old stamped APs, if you have used AP to travel in the past (Good to carry)

    It is highly unlikely that you will be asked to show any of the 'Good to carry' documents, I never was, but since there isn't a lot of extra 'good to carry' documents, I usually prefer to have all the listed ones with me.

    what kind of document they ask during the flight stop in between, i mean i am planning to fly by North west in amsterdam what kind of document they will ask. thanks in advance



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  • nishant2200
    11-09 10:18 PM
    Good letter Richard. Honest and from the heart.





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  • mmaxima
    09-05 11:29 AM
    The officers in ACS don't pay too much attention to the appointment time if it's the same day. You and your wife can both surrender the FP notice and fill out the forms. They will give you a number tag after the form is submitted. It's not a big deal if you appear one hour earlier than your appointment.





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  • akhilmahajan
    08-25 10:58 AM
    E-filed June 9th, 2008.
    NO LUD's.
    Current Expiring:- 5th October, 2008

    77 Days have passed since we e-filed for our AP's.
    No LUD's. No Updates.

    Anyone is the same situation?

    GO IV GO.





    lazycis
    11-30 08:36 AM
    Being greedy is not a crime here, you need other reasons to sue. You can transfer H1, although other companies may be reluctant to hire you because of the H1 situation. In addition to rb_248 advice, consider applying for DV lottery and also think about moving to Canada.





    raydon
    09-04 12:36 AM
    Losing one or two months on a 1yr vs 2 yr EAD is nothing compared to the fact that we are losing so many productive years of life to this retrogression towards the processing of green cards. It is surprising that we think losing a few months on an EAD is a bigger issue than losing so many years of our productive life in the quest of the green card. That's my take on the issue, you may have different thoughts on the issue. EAD is a stopgap measure, the GC is the real solution. Eliminating retrogression, making dates current for EB categories is what we need to focus on.



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