Tuesday, June 14, 2011

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  • indianindian2006
    10-09 08:34 PM
    My RFE is with regards to Employer's ability to pay. Somehow, my employer hasn't submitted anything yet and the deadline is on Thurs Oct. 11. What will happen if we are not able to submit anything by the deadline? Will the app automatically get denied?

    According to what I have read,if the additional evidence is not sent out by the deadline then they will decide the case with the evidence that they have on hand,which is most likely not enough for them to approve the case.After they decide the case and if it goes against you then your option is motion to reopen the case or an appeal.Contact your employer and attorney to send the papers ASAP.
    Good luck.

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  • satishku_2000
    05-24 10:07 AM
    Here is my case:

    MS (computer engg) in US
    US IT experience more than 6 years
    No TOEFEL ( what native english speaker??)
    Worked in high growth technology/employer (I assume)
    come under STEM
    How many points will i get??

    you may get 100 points it does not matter, We are still going to have country caps ...

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  • inspectorfox
    07-22 09:20 PM
    No big deal man...mine was approved in 2 days from NSC..;)

    I think you guys just got lucky and should stop yapping!

    There are many individuals who are stuck in Security/Background checks in the I-140 stage even with premium processing for almost a year.

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  • sujan_vatrapu
    10-27 11:28 AM
    Legal immigration problem cannot be solved by these channels. FOX channel is extreme right when it comes to the matter and interests of one of the party Republican party and they are biased for Tea scum bag party. But when it comes to other countries right issue they become middle men and the saviours of democracy. Please see below how they address India's own Nationalist and valid issues.

    Tensions Rise Between Hindu Radicals, Urbanites in Mumbai - FoxNews.com (http://www.foxnews.com/world/2010/10/26/tension-rises-hindu-radicals-urbanites-mumbai/)
    any media in any country for that matter is biased, and mostly controlled by ruling party and their business interest. Never ever believe their analysis and take decisions.

    shiv sena is an extreme outfit and their actions should be condemned, its not a right or left issue,


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  • visafreedom
    07-03 02:09 AM
    Please read, sign and observe


    To: U,S. Congress American Government

    USCIS/DOS has made fun of a set of highly skilled immigrant workers of America. They issued a bulletin in June 2007 (http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html) declaring all classes of employment-based visa priority dates current from July 1, 2007 and then pulled the carpet under everyone's feet by issuing a bulletin in July 2007 (http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html) which declared all July applications ineligible.

    The June bulletin caused a frenzy of activity amongst the applicants which ranged from applicants cancelling their travel plans and rushing to file their petitions to applicants tying the nuptial knot and cancelling their plans of higher studies. This act is mockery and disrespect of such skilled workers, causing them huge emotional and mental trauma. It also represents a huge economic loss in terms of time and resources consumed for readiness in filing the applications that involved the individuals, their employers and the attorneys representing them.

    As a mark of protest we would like to observe July 13, 2007 as "NO WORK DAY". We demand justice from America and the American Governement. We believe our voices will only be heard when our presence (and importance) is made conspicuous by our absence. So, all those who believe in this are urged to refrain from going to work on Friday July 13, 2007.


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  • crystal
    06-15 06:20 PM
    I found in another forum similar question but not exact.


    as per the above link even though u dont apply for EAD , once you file I-485, you no longer can work on F1-EAD if I understand it correctly

    (moderators please do not delete the above link , as I am just trying to get information for my cause.)

    I am on F1 -OPT and my husband wants to apply for EAD...we are totally confused..i ma talking to my present compnay lawyers and my husbands compnay lawyers, they said it should be OK.... But i am not convinced.... they say there is alwys arisk involved..but it is a chance that we have to take.... i will keep you posted when i make a decision..lot of my frinds are in teh same position..so will tell you about otehr facts which i come across


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  • indyanguy
    11-14 10:38 AM
    1. Is this because B is the "future" employer? In the usual scenario, if B were the current employer who responds to the RFE, can I switch to C within 6 months of joining B?

    2. Also, does USCIS ask for us to prove "Ability to Pay" from the employer who responds to any I485 RFE?

    At the time of 485 approval if future employer (B) is responging to RFE then yes you must work for long-term with B, however, in today's world 6 months is considered long-term.

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  • desi3933
    06-25 09:46 AM
    As long as she is not drawing a Salary, she is fine. She can continue to manage the business.

    This is not correct.

    Managing the business comes under employment authorization whether or not salary is drawn by the owner.

    Not a legal advice.


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  • waitnwatch
    08-04 12:03 PM
    Thank you for this information. Never realized that this should be done.

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  • Canuck
    02-06 04:44 PM
    I don't think an employer can force you to repay the green card costs if you leave them as soon as you get it. That is illegal and against the law to make a foreign national pay for the costs of green card sponsorship!


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  • ikass
    08-10 08:47 PM
    IV team - This is a good chance and worthy one to lobby for. Any updates/leadership on this would be appreciated.


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  • nozerd
    09-07 09:54 AM
    Yes ofcourse, if I was at the end of GC road I wouldnt go in the first place.

    I was questioning this since I wanted to know if it was legaly allowed, since I wouldnt actually be working and earning in the US.

    If this is truly allowed and my company lawyer agrees then it would truly make my life easier.



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  • NeedMiracles
    06-03 10:10 AM
    May be I am not understanding the question right...I think the question was - what are the STEM disciplines? I know the website lists a bunch of occupations that require one of the STEM degrees. So to look at what are the STEM degrees, I chose Browse By STEM Degree and in that Scroll menu are all the majors - starts with Chemistry, Computer Science, Engineering....

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  • Ψ
    06-11 06:12 PM
    lol wait till u see what i come up wit.
    hope it would be better than urs VD.


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  • webm
    02-14 09:28 AM
    "If your RD for the 485 is later than that that means they didn't get to look at your file yet even though your PD is current."

    I heard it is based on ND(Notice Date) not RD(ReceivedDate) of 485.


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  • aries
    09-24 09:26 PM
    Hi All,

    NSC received my I765 applications on June 21st. I am still waiting for my EAD. I have seen many people from NSC got their approval for the same time frame. Is there anypone in the same boat. Is this something I should be worried about.



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  • shreekhand
    07-29 11:23 AM
    Nowhere did I say I am not sure. In fact I am as sure as it can get :)

    The original poster is talking about adjusting status to F-1 but not already being on F-1. Understand that difference here.

    For FYI: If one is already on F-1 and applies for I-485 he/she is no longer on F-1 for all practical purposes but in a "period of stay as authorized by the attorney general". In such a case he/she can anyways use a EAD but have to have an AP while re-entering and continue studying as usual.

    Note that F-1 and applied for I-485 is a highly debatable topic amongst the legal fraternity.

    If you are not sure, don't give untrue info!! His F1 will be unaffected until and when he starts using EAD. He will not be able to re-enter on F1, but as long as he does not use EAD he can maintain this status. To re-enter he will need to use AP and at that point he is no longer in F1.

    Also, once you file I485, there is no problem going to school as long as he maintains the job he was originally sponsored for.

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  • Circus123
    01-09 02:50 PM
    Extrapolating the Einstein equation E =mc2 I get the following results :

    EB3 June 01

    EB2 Dec 2000

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  • bluekayal
    08-21 07:16 PM
    To the red dot distributor

    You said to me:

    "Doesn't make any sense....let them then work on the SRs instead of answering calls...bottom line is that pointless calls are taking time away from real work."

    These calls go to the IIO (ay-ay-oh!) not to adjudication officers. Now, why don't you stop distributing red dots? So rest easy, your GC will come when it will, red dot, or no red dot.

    11-14 12:11 PM
    Well, are you sure I would need to work for this "future employer" for 6 months?

    AC21 does not have a limit on the number of times you switch employers. Technically, if you were working for Employer A at the time of the RFE and submit a EVL from Employer A, you could then switch to Employer B immediately on AC21. In this scenario, I haven't worked with A for 6 months.

    Is this scenario different because A is not a future employer?

    With LC, I-140 and I-485 process, intentions of employee/employer relationship are expected to be bonafide, otherwise it would be fraud. Although a lot of people mention here, and some attorneys suggest, to work for 6 months for the sponsoring employer, there doesn't appear to be any law on that. Circumstances can change any time (AC21 supports that). Therefore, six month, or whatever period you may want to fix, is merely to strength the case that the sponsorship was bonafide. AC21 guidelines are quite lenient in that matter.

    Bottomline is whatever happened, or you can provide, to support that there was no fraudulent intent, you are fine. If situation is not clear, and someone decides to contend, courts may come into picture.

    Some people mention that six-month working could haunt you at citizenship time, but I doubt that. USCIS have a lot of other things to look at. If you have been a good citizen until then you should be fine.

    02-03 10:20 AM
    When was the last time you attended a class at TVU? From your post it seems you were happily working at some place, and not really studying.

    In case you have not attended any class till date you, my friend, are in trouble. Do the right thing - pack up and leave. Try coming back the right way...and please do not get exploited by the OPT/CPT enablers/ providers whether Univ or Employer. I feel bad for the situation you are in but I know that you know that it is partly or fully because of the choices you've made.

    Share your experience with other US hopefuls when you are back home.

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