Wednesday, June 8, 2011

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  • acecupid
    06-26 10:01 AM
    I jst got an update on my and my wife I-485; i am not sure what it is about as i have not received the RFE yet.....but i think they are asking for our BC as we did not provide them when we applied for I-485;

    I want to know that is it OK if i provide USCIS with the 2 AFFIDEVITS, one for me and one for my wife stating all the information such as Name, Date of Birth, City of Birth, Country of Birth, Mothers Name and Fathers Name.

    Gettign the birth certificate is a very long procedure and i dont think i would have them soon. So i was wondering will it be OK if i provide them with the Affidevits. Will USCIS accept it!!!!

    Lastly, i would appreciate if some one can give me the template that what text should be included in the affedevit !!!!

    Thanks in advance !!!!!

    My dear friend from Pakistan,

    why were you waiting for so long since you applied for I-485 to arrange for birth certificate ? Now you have to scramble due to the RFE end date. Anyways, here is the solution. You can provide 2 affidavits from your parents for each of you (i.e. you and wife) and also a birth certificate from pakistani consulate in US. I am not sure if the pakistani consulate issues birth certificates, but you can try. Keep in mind that the BC issued by the consulate is not sufficient by itself. You can just provide that as secondary/additional proof. You will still need the affidavits. Below is a format for father's affidavit. You can use similar wording for mother. I hope that helps you... Good luck!
    ================================================== ====
    I, <fathers name>, aged XXyears, son of <grandfathers name>, residing at <address> do hereby state that the following is true and accurate to the best of my knowledge:

    1. I am a citizen of <country>
    2. I am the father of <your name>
    3. I was born on <birthdate> in <location>
    4. I was living in <your birth place> in <month and year of your birth>
    5. I personally know that <your name> was born on <birth date> in <location, state, country> at <hospital name> from the valid wedlock of me and my wife <mothers name> and I know the fact of his birth because of my relationship to him.

    I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct.





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  • laststraw
    11-09 05:47 PM
    I just went through PERM and I140, both of them approved without audit/RFE, where the requirement was Masters + 10 years experience. The job role required this. The requirement should match the job role and what the company would do if they are hiring a new person for the job.

    And I believe someone had asked whether you have 7 years experience after obtaining masters. That is not required. In my case I had only 4 years experience after masters, but more than 12 years total. The job requirement stated that Masters + 10 years and not Masters + 10 years after masters.

    Hope this helps.





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  • grupak
    08-15 02:08 PM
    Congrats on your green. You have done so much for IV and community and it is great to know that your levels of commitment is still the same

    Thanks. I need to figure out how to start a google group first I guess :)

    IV members from Jackson MS, we need you since you are in the state Capitol.





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  • rayoflight
    12-21 01:18 PM
    Hi All, I know that visa numbers are allocated per country basis (7% or so) but I would like to know how are the visa numbers allocated to EB1 / EB2 & EB3 Categories within a country.

    For Ex: If Country A has 1000 Visa Numbers for a fiscal year how does USCIS divide them between EB1 / EB2 / EB3

    Thanks in advance for your replies...



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  • whiteStallion
    10-13 02:26 PM
    I got the 140 denial notice.
    The USCIS did not mentioned any reason like my valid labour is expired.Not sure is the denial is because of 180 day rule or not.

    Here is the reason...

    The petitioner did not submit an individual labour certification for the beneficiary or evidence of schedule A designation.As such, the beneficiary is ineligible for classification as a member of the preofessions holding an advanced degree or an alien of exceptional ability.

    I think the first line "The petitioner did not submit an individual labour certification for the beneficiary..." is relevant to your suspicion of an expired labor. It effectively says that there are no valid labor certification against your I140 application, which means that the Labor certification you filed your I140 against, is not valid anymore.

    Please restart your Labor again, ASAP.





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  • cool_desi_gc
    09-28 07:18 PM
    My name(s) were mispeld as well...My lawyer talked to USCIS and sorted it out.



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  • Eb3_frustrated
    07-31 11:09 AM
    Your wife can work as along the date on EAD is valid, EAD is employee authorization, it not a visa status unlike H4. She can have a EAD and be on H4 at the same time. It does not matter if you filed an extension for H4 but she can work if the EAD is valid ie end date on EAD has not passed.

    This is just my thought based on my experience, remember I am not an attorney, consult one if you need dependable answer.





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  • msp1976
    03-31 08:55 AM
    Hello everyone,

    My LC was filed in Perm process and even got approved but the hard copy got lost in mail handling. Can I have another LC filed from the same company? Furthermore, can I reuse my first LC's postings-advertisements that the company does before filing the LC?

    Please any suggestions would be greatly appreciated

    Thank you.

    I believe that you do not have to refile just because you lost the hard copy...
    This is not a lottery ticket that if you lose, you are left with nothing..
    There must a procedure to get the same certificate reissued from DOL..
    Please do the research and let is know...



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  • Dhundhun
    11-21 04:12 PM
    #1. Usually duration, designation and salary to be provided by company.

    #2. The role or work related description can be provided by co-worker.

    If RFE is related to #1, and company is closed, then lawyer (or yourself) has to present your case with whatever evidences are there (e.g. company is closed, follow up with ex-management to get certificates, etc).





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  • a_yaja
    07-20 10:47 AM
    I am a July fiasco survivor. My 485 has been filed through AOS, so no worries there. I was supposed to get married in a few months, but my fiancee has rushed down to the US on her tourist visa. The plan was to get a civil marriage certificate done and have her atach her AOS with mine. Lawyer has now informed me that she needs to stay here till she gets AP otherwise the application is considered 'abandoned'. She has a life in her home country that she needs to get back to, She can't just drop everything and park herself here for the 4-6 months that AP is likelt to take for July applicants. Does anyone have any advice, or a similar situation? As I see it, my options are -

    1. File AOS for her and let her leave, and take the chance that they will track her departure and cancel her application. If this happens, is she allowed to refile if the PD becomes current later?

    2. Rush out of the US with her to get her back in on H4 visa. Challenge here is that it is near impossible to get an appointment at a US consulate before the 17th Aug window closes.

    3. File her application through CP. She doesn't get interim benefits that way. Given my PD of EB3-June 2006, I'm not expecting a GC for at least 3 years, so this option really sucks.

    Any suggestions from the community out there?

    Did you ask your lawyer about "rushing back to India, getting married and she comes here on tourist visa. She can file for AOS and EAD/ AP"?

    One more thing about getting married here on B1/ B2 and filing for AOS. I have heard of a case where the AOS was denied for a similar case. A person came the US on a visitor's visa and married a US citizen and applied for AOS. USCIS denied her AOS because they claimed that she falisified her visa application for B1/ B2 by stating that she had no immigrant intent but she did infact have an immigrant intent by coming over here and marrying a US citizen and filing for AOS.

    While your case is not exactly the same, USCIS could use the same reason if you get married here. But getting married in India will not have the same effect because getting married in India does not show immigrant intent on her part.

    Best to ask your lawyer.



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  • minimalist
    04-12 10:40 PM
    Do we really need to attach a copy of the front page of the passport for AP renewal, wouldn't a copy of the DL be sufficient enough?
    No need for passport front page.





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  • buehler
    06-03 08:52 AM
    I posted the list sometime ago. Do a search for "list of stem disciplines" on the forums.


    akred,

    The list that you had posted earlier - http://online.onetcenter.org/find/stem/title?t=0&g=Go are the Occupations that might require a STEM Education. What Bogdan wants here, is the list of degrees considered as STEM. There is a big difference between the two.



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  • nixstor
    09-18 03:49 PM
    Call the IRS.





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  • Jitamitra
    05-31 12:14 PM
    Recently joined.

    Contributed $200.



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  • kumar1
    02-01 01:06 PM
    Start doing AmWay or QuickStar. That is the best thing a person can do !!!!!!





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  • san3297
    06-29 05:34 PM
    Hi Martin,
    Thanks once again for your reply with in no time.I really admire your service.I went through your Faqs but the part i dint understood is..

    If you don't show the extension approval notice (maybe because you didn't know the case was approved before you returned), you will get just the old expiration date on your new I-94. This will then be the operative end date, not the extension date. This is because CIS has a "last action" rule, whereby the last status they give you is what governs. In this situation, the last action would be your admission until the visa and date.

    As i get a new I94 attached with expiration date as my new 797 approval date(Assuming i get approval after my travel when i am in USA) .So my old I94 is valid till My present visa date and after that i have my New I 94 which is valid till my Extension approval date.So iam unable to get what complication i may get into.Only problem i can think of is if i dont get I 94 attached to my I 797 Approval Notice.Do let me know if iam missing anything.Thanks again.



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  • Thiru
    09-22 08:43 PM
    I got email notification through e-mail my AP approval on 4th sep 2009.Not yet received AP document by mail.The processing center is TSC.Anybody in the same situation?





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  • apb
    08-17 03:25 PM
    My friend 485 has been filed on 12th - to nebraska service center, but he mistakenly sent his ead & ap on 15th to Texus Service Center in Dullas.(Did not receive the receipt notice for 485)

    Please let me know his options!

    1) Do they reject his applications in TSC?.
    2) If he file another set in Nebraska Service Center is ok?

    ?

    EAD/AP would be rejected if the receipting in TEXAS was attempted before 485 data is in the system.
    If NEB has entered the data for 485 by the time Texas gets to his EAD/AP there could be a chance where his EAD/AP might be accepted.
    But you can always apply again though with new fees.

    Of course from seeing your postings above I know that your friend has spoken to lawyer and you also did a great thing by trying to help your friend however possible.

    In this forum people who come here have their own problems with GC process. No body is here except for Aman and maybe priti..something. who I know has GC in this forum and are actively discussing issues.

    If I were to repeatedly BUMP my friends concern in this forum, particularly when people are trying to info on rally, RN, FP notices I am sure you would irritated too. But at the same time if I had BUMPED with a personal request that affects directly myself I might get some good response, from people who empathize my situation.

    Though I am relatively new here I know there were no postings where people had requested on problems which they were personally facing and they got no response.

    I am sure you would be joining for the rally and now that your friend knows that this forum exists it would be great if you could also motivate him to come. Of course there would be challenges and that is life.. but what is life without challenges. Once you help him to make a decision to come to rally everything will fall in place.

    There is also a posting from abhijitp partnering with other members to join the rally. Please go through it.

    And finally if your friend joins here personally he can also contribute to other peoples concern, he can see first hand what IV is and maybe if willing he can contribute financially also which would help all of us.
    Isn't that you want to happen to IV and your friend who would be a future IV-ite (us) and get impacted in a good way.





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  • Lasantha
    09-06 02:41 PM
    This is an interesting question. Hope someone would throw some light on this!





    H1InTrouble
    09-18 04:05 PM
    Hi,

    I am in a situation and hope someone here would be able to provide me with some advice. I was employed by Company A since 2006 and I was working at a Client location for the last 3 years. There is company B who is the primary vendor for the Client. Recently my H1 extension was denied and so I went out of status. I reached out to my end client for help. Since they are happy with my work, they said that they can talk to another vendor (company C) to sponsor a new H1 for me. Company C is now ready to file my H1 but the problem is that Company A somehow got to know about this and is enforcing a non compete agreement on me.

    I wanted to know if they can do this even though the H1 was denied and they are unable to provide me with any job. Can they stop me from earning my livelihood. I did not go out and breached any contract, I am trying to move only because my H1 with company A has been denied. The only thing is that the end client is the same.

    Regards
    H1BInTrouble





    kartikiran
    05-06 03:55 PM
    ganguteli,

    there was a donor conference call a couple of weeks back, in which aman, pappu etc participated.

    your thoughts of rally was discussed, but unfortunately the numbers are not quiet adding up as it did during the July 2007 fiasco.

    As per what I learned from that discussion was when IV sees the "thousands" as per your quote they are willing to support the rally idea. Otherwise, it may not make the noise as we expect it to do.

    Yes, I agree with IV core's line of thought in the "rally" idea. I too wish we can do a "rally" but...:-(

    If people really want to do something, then how about we organize a rally in DC and show up in thousands?

    Then everyone will know you and you do not need to go to meetings just to show your faces and expect that someone will have mercy on us and think about us next time.



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