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  • pkv
    04-13 05:35 PM
    For a medical REF how many days do we have to reply?

    Thanks,
    RabiS

    Doesn't your RFE letter says it clearly? They mention a "reply by date" also on the letter.





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  • kurtz_wolfgang
    08-15 01:20 PM
    Thre is a lot of hurt on these forums related to substituted labor..so help will be slow to come.

    What does that mean? Care to clarify? I m not a literate person. I have been searching the forum in and out for similar post. After much consideration I put the post. Anyways thanks for the red. Whatever....





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  • eb3_nepa
    10-26 04:43 PM
    Logiclife i have sent you a PM if you want to discuss this offline let me know.

    Thanks for the clarification though. Does Vbulletin have 2 seperate tables one for threads and one for messages. That is the structure that another forums software that we used had. If you have a messages and threads table seperately then maybe you can sort it simply by messageID (the primary key in the messages table). Since that column is a PK, it is already indexed and hence automatically faster





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  • RDB
    05-06 02:25 AM
    Folks,

    I received a Transfer notice today for both me and my wife suggesting that our I-485 petitions have been transferred to the local USCIS office. Below is the exact message.

    Current Status: This case has been sent to another office for processing because it has jurisdiction over the case.

    On April 30, 2009, we transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our LOS ANGELES, CA location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done. This case has been sent to our LOS ANGELES, CA location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.


    From what I could find through browsing through various forums is that usually one ends up getting an interview when this happens. Does anybody have any other thoughts? or has anybody received a similar notice recently?



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  • RandyK
    01-03 04:12 PM
    I am waiting to sign up for the monthly.

    I don't think it is a good idea to restrict members by the amount they contribute. As we already know we only have around 200 members that actually contribute financially out of the 7K membership.

    We are a grassroots organization we need all the foot solders we can get (remember how effective it was in December, when we mobilized together). Restricting users would turn members away and when we loose them, we loose them for good. There will not be any references from those who leave.

    Remember Howard Dean's fund raising campaign mostly they collected $10 and $20 not just big amounts for his presidential campaign. We must take what we can and encourage members to participate. When members see what we do they will volunteer.

    A first time visitor to our website is not going to trust us to give money with out knowing what we are all about. When we restrict them they will never know what we are doing.

    Just think about it. Would you do it?





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  • Better_Days
    12-01 12:55 PM
    Guys,

    I want to know what are the chances of getting I-140 approve if we file a new petition and current I-140 appeal process is pending with USCIS. My I-140 was denied on education basis. In denial notice USCIS wrote that we did not prove that my 3+3 (Diploma + Engg degree from India) degree is not equivalent to B.S in Computer science from Labor certification.

    Guys please share your experience with me since its important for me to get I-140 approve for future growth.

    Thanks

    To answer your original question, my I-140 under EB3 was denied on the basis that my 3-year Bachelor in Computer Science was not equivalent to a 4-year BCS degree. I appealed to the AAO and attached an evaluation from Sheila Danzig.

    While the AAO was pending, I started the process from scratch by filing a new PERM and my second I-140 was approved. So I guess it is possible to file a new I-140 while the original one is under appeal.



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  • cinqsit
    02-02 08:43 PM
    If i am understanding you right.....your labor is applied for EB2 qualification but I-140 is applied and approved in EB3. And you want to reapply a new I-140 for EB2 by using the same labor. I believe, you should be able to apply.

    Labor certification is not expired as another poster mentioned. It will expire in 180 days only if no I-140 is applied using that labor.

    Consult a good attorney and it will be worthwhile instead of waiting for backlogged EB3.

    Yes you should be able to apply a I-140 for new reclassification (basically a new I-140)

    Make sure there are no conflicting alternative/secondary requirements like "BS and less than 5 years of experience" in your approved labor.

    They will check for ability to pay and other checks the they do at 1140 stage again.

    Good luck

    cinqsit





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  • kumar07
    09-14 04:45 AM
    thnks immiusa, ur answer is really helpful!...

    but, how do i give more evidence that the job offer is genuine..I will have the project report document and other docs sent by the company..how else can i be assured that they will be convinced??

    Appreciate for your help.



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  • EB3June03
    06-22 06:03 AM
    Guys,

    I have got a RFE for my medical on 9th June 2009. We got our medical done in July 2007 and filed in July 2007.

    The RFE is mentioning my medical records cannot be found. we are pretty sure we did file it.

    My lawyer says the best way is to get a new medical done and send the new reports. I heard his advise and went to get a new medical exam. The civil surgeon asked me for PPD (TB Test) reports from previous years (1998) as in 2007 (when only the X Rays were done and they were clear), the size of the induration was NOT required but says now we need the size. I am trying to get the reports from the hospital where I got the testing done, but it has been more than 7 days and i am still waiting. The civil surgeon says that if we don't find the records we can do another TB test.

    My PCP says that once the TB test is positive, it is always going to be positive (which is true as i got it done twice - 1997 and 1998) and the 2nd time the induration was more than the first time. If i get it 3rd time, is it going to be more induration? Also, are there chances of reaction due to getting it done the 3rd time? I think my PCP mentioned something like this earlier.

    The civil surgeon says that if the induration is more than 10 mm, i might have to go through treatment :( I was shocked to hear that and did some reading and found out from another member too that the treatment is recommended and NOT required.

    If the TB test results from 1998, don't come in time for me to respond to the RFE, can i not send the copy of my original medical done? I am going to ask the lawyer about it too, but wanted to know some personal experience of the folks who have gone through it.





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  • sys_manus
    01-28 09:46 AM
    I can understand the amount of anxiety and stress you must be undergoing... Especially with EB3 future in near term looking bleak. I sometimes feel its is kind of very unfair for people in EB3 boat. Try EB3 -> EB2

    As they taught in survival school.. improvise.. improvise with what ever you have. Instead of looking at VB and feeling dismayed start looking around you.. tools you have the means you have.

    When it happens it happens... do whatever you can do and leave the rest to take its course. Don't worry about things you don't have control on.

    Life goes on...

    PS: Ignore any smartA replies... they just aggravate you sense of feeling bad.

    I am an optimist. A hopeful person. I like to and want to see the positive side of things. However, the current political climate and economic state of the nation makes me skeptical.

    Much has been said and (not) done so far about immigration reform. The murphy's law half of my brain is starting to get queasy. I've been in this mess for 6 years now and dread the doomsday scenario that immigration reform doesn't go through this year. If it does not, I think we're all completely effed up for the next 3-4 years, at least until after the next elections. I hope to be wrong on this, by a long shot.

    My question to some of you is - what will you do if skilled reform doesn't happen this year?

    My career has been stagnating, rotting away almost. I've been working on a startup idea in my spare time for a while now. Of course, these sort of ventures need time and full-time effort to take-off. I have often entertained the thought of leaving my job, returning back to India, or finding some way, by hook or crook, of doing my own thing, and reviving my career. Having lived here, first as a grad student, and now as a wage slave, for the past 9 years, returning is not an easy option. If reform does not happen, I don't see anything but darkness for a pretty long time.

    What will you do?



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  • delhis_007
    12-28 11:12 AM
    Hi,

    I am in a similar position and have decided to go back to school in USA. My PD is Jan 2004 EB2, and I am sure I am not going to hit the jackpot before Sep 07. Is there any possible way I can save my GC?

    Thanks in advance.

    Vijay





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  • Marphad
    04-20 01:58 PM
    My passport expires in 6 months. What is the earliest time before passport expiry can I apply for my Indian passport renewal. How long will it take to process it.

    1 year



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  • fcres
    07-06 01:19 PM
    if dates are retrogessed you get 3 year extensions..
    if they are not then you apply for 485 :)

    If 485 is filed and then it retrogressed (like right now), i can still get 3yr extension, right?





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  • garry_kay
    06-20 11:52 AM
    Finally This Is My Turn To Rejoice. My Lawyer Email Me Saying That She Got Off From Phone From Dol And My Lc Is Approved.

    1)how Long It Takes For The Physical Paper To Arrive? Do We Need That Physical Paper To File For 140 And 485?

    2)the Online Status Still Shows "in Process"

    Gurus, Please Help Me

    Congrats!! Do you know when your case was activated from the backlog center - the day when your lawyers got the recruitment activation notice?



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  • Ann Ruben
    02-23 01:51 PM
    Paul,

    You and your wife can simultaneously file an I-130 immigrant petition and I-485 application to adjust your status to permanent resident along with an application for employment authorization. To properly assemble and document these filings--including the affidavit of support---can be tricky. My best advice is for you to retain the services of an experienced local immigration lawyer to represent you through the process.





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  • delhirocks
    06-29 11:30 AM
    Is there any quota on filing the I 140s? My friend requested his employer for upgrading his 140 and he says that the attorney mentioned that the quota for I 140 is already full. I don't think it is right. Any inromation please.

    There is no quota for I 140, the employer is just trying to save money.



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  • mrajatish
    09-17 11:27 AM
    Few things to remember
    1. It is good for us if EB1 remains current for India and ROW - chance of some visa numbers trickling down.

    2. The H1B cap is still 65,000 + 20,000 + some extra for non profit and a sizeable portion of this is Indians meaning other nationalities are not applying in large numbers. What this means is that the whole 45,000 EB1 and 45,000 EB2 will likely not get used from 2008-9 (by that ROW EB3 ROW will start becoming close to current and people from ROW will not try to find a way to apply for EB2 like they are doing now).

    3. People will try to port their EB3 date to EB2 and some will meet success but others might fail. This will be particularly true for Indians.

    Put all this together, I think any Indian who applied for GC in Eb2 or 3 post 2004 will probably have to wait the same amount of time in either category, maybe a year less in EB2. Given that you are anyway going to have to wait 7-8 years minimum, one year more or less does not make any difference.

    I think people from India with post 2004 Pri dates should
    a) Actively work for some meaningful legislative change, contact all your friends and make them aware of this problem, please do not just sit there and hope for a change

    b) Make solid backup plans, whatever they might be - consider UK, Australia, Canada, Singapore as backups. Learn as much as you can in your present job and change jobs if you feel you are stagnating. Do not keep your career in limbo for GC when the earliest you will get it is after 7-8 years. Imagine this - if you are 25 now, you will be in your mid-thirties doing the same job if you wait for your GC.

    c) Save, save, save - I cannot reiterate this, basically do not spend a dollar more than you need to. Buy a full efficient cheap car, rent a place (house prices are stagnating) etc. Do your due dilligence and post new ideas here.

    d) Find a way to lobby to get back your SSN and Medicare taxes - Indian govt. is making noises about this, use your connections to make the noise louder.

    e) Last but not the least, If married and planning to start family, do not wait until they change law to ban birth right citizenship :).

    Use this thread to post new ideas.





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  • hemasar
    05-24 10:10 AM
    I thought this would be the most appropriate place to post.
    I am on my 3rd year of H1-B (non-technical field), just moved to a new company and was going to start my process toward getting a gc in the next month or so. Now, with all of this, I am very confused.
    Do you folks think that it is most appropriate to sit tight and wait to see what happens? or to just go for it now?
    I'd appreciate your input, as I have to make a decision soon.

    If your employer is sponsoring your GC (LC and I140 by spending their money) then go for it.





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  • dilbert_cal
    03-14 01:10 AM
    I hope someone out there in a similar situation can help me out.
    I have given my real estate agent several referrals and for each I receive a cash amount. I'm on an H1B visa, am I able to receive income from someone other than my employer?
    I've searched the web and have been able to find out that this should be reported as taxable income, I'm just not sure if I can receive it due to my immigration status.
    Any comments or tips are welcome.

    You are supposed to report ALL income regardless of its legal validity or not. Having said that, legally you are not allowed to have any other income other than from your H1B sponsoring company. I dont know though how this compares to the other deals wherein you open a Bank A/c and get 200 bucks and others like that.

    Another point you may want to find out more is if your real estate agent is showing the amount paid to you as an expense or not.

    And finally, I hope whoever you referred did get a full disclosure from you that you might be compensated for the referral :-)





    bfadlia
    02-13 05:27 PM
    You need to say "MY priority date is current in March"
    The current thread title had me thinking there was another July fiasco..

    Thanks.


    Folks,

    Need a little advice. We (my husband and I) filed our 485 on July 2 under EB-3and have received AP, EAD, FP etc. Our PD date (July 7, 2001) got current in the March bulletin:). I wanted to check if there is way to find out if our cases have been adjudicated and are ready for approval as and when a visa # is allocated in March.

    Thanks





    jettu77
    07-17 06:40 PM
    So, they were decided on July 13th itself...

    Department of State Publication 9514
    CA/VO:July 13, 2007