Friday, June 17, 2011

william levy gutierrez

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  • newlife2
    09-19 10:57 PM
    Guys, I was just laid off and have efiled i539 3 days after the termination date for a status change to F2. Now working on the application letter. Do you think I should mention the layoff in the letter?

    If I do mention it:

    Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.

    Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.


    I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.




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  • alex99
    06-28 03:12 PM
    As far as I know We need only Employment offer letter. And the Designation should match your PERM Labor Certificate.

    Sample Format:

    DATE

    USCIS
    Nebraska Service Center
    850 S. Street
    Lincoln, NE 68508


    Re: Immigrant Petition for Alien Worker
    Petitioner: XXXXXXXXX
    Beneficiary: XXXXXXXXX


    Dear Sir/Madam:

    This is to certify that we had submitted petition for Alien Employment Certification on behalf of XXXXXXX. We are very much interested in continuing his employment with us in the capacity of XXXXXX(according to labor approval). His salary for the said employment will be $XXXXX (according to Labor approval)per year.

    He will be managing XXXXXXXXXXXXX(according to Labor approval)

    It should be noted that this is a full time and permanent position. Should you have any questions please do not hesitate to contact the undersigned.


    Yours Sincerely,




    XXXXXX
    XXXXXX




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  • immi2006
    11-27 11:08 PM
    Folks,

    My strong advice is stay on H1 always. EAD is like a piece of gold plated card. There are many risks associated with it, for example if u r renewal is not done on time, you are nailed, u cannot collect pay, or else it is considered against the law. I am not trying to scare anyone, this is the ground reality.




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  • aachoo
    09-17 01:11 AM
    When AP is approved, you get 3 copies. I went twice on intl trips and each time they took a copy. I am left with 1 copy of the AP.

    Now I need to go on one last intl trip (I have applied for renewal). I just have one copy of AP with me.

    How does it work? Will the officer just stamp the AP and make a copy?

    The officer made a copy and returned the original to me the second time I travelled. But I had only 2 copies to begin with. Not sure how you have 3. They did'nt even ask me- I guess they are so used to it (I flew in to SFO)
    -a



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  • h1bnogc
    07-13 08:27 PM
    thanks raysaikat for your response.

    In your opinion, F1/F2/B1/B2 is not option to keep GC process alive.

    I can not apply 485 if I am in India.

    please tell me what are options then? Any Senior member or Attorney, please respond to this query.

    thanks!




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  • bearstory
    02-25 07:08 PM
    Hello,
    I came here as F1 visa but I'm out of stutus now. Here is some background:
    I came here in september 2006 as F1 visa. I took 2 english quaters at the university then tranfer to another school in april 2007 ( Let calls them MSU). MSU gave me I 20 and it expried on March 2010. But due to financial problem, I did not register class at MSU after april 2007 so I was out of status. After that, I started register class at MSU in september 2008 and stoped in april 2009. I did not register any class after april 2009. I talked to my advicesor and she said, since I have been in school on and off so no matter that i went back to school some, I still out of stutus.

    I have been my boyfriend for almost 3 years now and we want to get married ( He is an US citizen). I really dont know if i will get trouble because of my stutus or where to start? like what files do we have to fill, etc....
    Any advice would be appreciate! Thank you so much for your time!



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  • vinay076
    10-31 10:27 AM
    Its been more than 90 days for me and I don't have even a receipt no.Lawyer says that things have been delayed. Can it be delayed so much that I don't have even receipt no ? :confused:




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  • smartboy75
    12-05 03:25 PM
    I know that applying for citizenship is not mandatory..you can have a PR and continue to be so for as long as you like....Is there a shell life for PR ...can you keep renewing it indefinitely ?



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  • hoolahoous
    09-15 07:02 PM
    you can go to a nice restaurant with friends AND donate some money to Sankara Eye foundation (they do eye operations for poor in India and send you the name and contact info of the person who benefited from your donation)..

    that's what I did when I got greened.. :)




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  • vidhyajagi
    08-16 03:17 PM
    You can still continue to work with current employer even you get another I-797 approved. But the Consulting company filed on behalf of you need to withdraw the petition. According to my knowledge the fee is non-refundable and attorney fees - (my attorney charge only after petition is approved)...So you have'nt paid attorney fees you can ask for discount.

    Also the New approved petition will be valid only you join the consulting company and after you receive first month paycheck. So you are fine to continue with current employer. Once you filed for your AOS and get EAD you may switch to EAD anytime or after 2years once your current H1-B expires.



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  • gandalf_gray
    06-02 10:13 AM
    Kaiser.
    thx for replying . but I do not want both Visa on Oct1.

    My L1 ends sometime in mid September.
    My H1 would be effective only from Oct 1.
    So, during this time I will be out of status right ?

    So if I do my L1 Extension, I might solve the problem.
    But Will doing that affect the approved H1 ?

    Pls. help. thanks.




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  • vandanaverdia
    09-10 01:42 PM
    Trying to keep this thread alive....



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  • Lollerskater
    04-23 11:46 AM
    I have a filing date of July 2nd 2007. My RD? A fantastic Oct 21 2007. That's 3 and a half months, more than a quarter year away.

    I filed at NSC, my case ended up in TSC.

    Nothing much makes sense, nowadays. :confused:




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  • Green.Tech
    04-08 03:45 PM
    Hi,
    How many EB3 cases with PD before Dec 01 pending.
    My PD is Oct 21st, 01, EB3 (India)

    485 Filed in Jun'07, No LUD's since Aug'07

    Too many... :)



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  • nixstor
    10-30 03:14 PM
    I tried to post a couple of times and they are not getting posted. Does the comments need to be reviewed by some one before they get posted? Is it instantaneous?




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  • kaisersose
    07-23 09:01 AM
    All,

    I feel that those who concurrently filed I-140/485 in July 2007 are very lucky!

    Here is my situation -

    Previous Employer -
    EB3,PD-Jan'04,I-140 cleared. Switched in June 2007 and wasn't able to file I-485 in July 2007

    New Employer -
    EB2, PD-Dec'-07, I-140 (Feb'08 - pending)

    Question -

    Based on Jun'08 Visa bulletin the dates for EB2-India were at Apr'04. Filed for I-140/485 based on my old priority date for EB3 labor (Jan'04). Explaining USCIS for PD transfer.

    Well, folks at NSC did not understand the PD transfer concept and send my application back. Unclear as to what do now. I guess need to wait until the dates for EB2-India reach Dec'07 such that I can file.

    Any "Creative" thoughts on how to approach USCIS moving forward.

    Thanks in advance for your replies.

    Aamchimumbai

    You do not have to wait till Dec 07 becomes current. I assume when you applied for your second 140, you already requested them to use the earlier EB-3 PD. So when your EB2 140 is approved, it will have the earlier PD, which means you can apply for 485 when your 04 date is current.

    Now all you have to do is wait for your 140 to be approved.



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  • reddymjm
    05-28 12:56 PM
    Highly unlikely that they would approve a 485 when the PD is not current. The problem here is, even it has happened to someone, we will not see them come out and make an announcement as they fear their approval will be revoked. So we never hear of such cases.



    Yes. You have to go through the process all over again, except you will be eligible for an earlier PD. The alternative is to seek employment with you original sponsor in which case, you can directly apply for 485 when your PD becomes current.

    My advise is to stick to your 485 as 2006 is unlikely to become current by the time you get married. In the unlikely event of that happening, deal with the problem by trying to get your spouse in through other means.

    I second this. Do not lose your postion in the Q.




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  • kumar1305
    01-22 07:27 PM
    I hate the word Donate but somehow I donated blood which will be sent to Haiti. I did some in monies. Life is life no matter who it is.




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  • goel_ar
    04-24 12:36 PM
    I am waiting for my wife's notification. Nothing yet.
    wow that was fast for general processing and general quota....i thought they hadnt started issuing receipts for them...congrats!




    santa123
    07-30 11:43 PM
    Hello,

    I just received RFE for I-140.
    I-140 Details:
    I have applied I-140 under EB2 India.
    I have BS(3 years) with computer science & MCA(MS 3 years) in computer science. So total 6 years of education in computer science(3 yrs BS + 3 yrs MS).
    Also I have 1.5 years(18 months) of experience after completing my MS. I have submitted my experience letter at the time of filling labor But USCIS didn't ask anything regarding experience.

    In labor(PERM) we mentioned Masters required
    & Major field of study is Computers.

    Do I qualify for EB2?? Plz let me know.

    RFE details:
    1) Degree evaluation(what's the procedure?)
    &
    2) They want most recent W2 for 2007.

    In 2007(W2) I got paid $59K(gross) & in LCA(H1B) prevailing wage mentioned is $55k.

    In labor(PERM) prevailing wage mentioned is $63K & offered wage mentioned is $65K.

    Difference between W2 & Prevailing wage in labor(PERM) is $4000($63K - $59K).
    Difference between W2 & Offered wage in labor(PERM) is $6000($65K - $59K).
    Is this a serious problem???

    My labor already got approved.
    My company is financially very good.

    Now which wage USCIS consider or match with W2??

    I will really appreciate your response.

    Thanks.

    Didn't you submit your education eval when you filed your 140?
    Is this in addition to the one you sent?
    Get proper eval done ASAP and send it out. Try one or two evals even. Course by course cld be waste of money.

    Didnt you submit the W2 copies also?
    Looks like this could be just a case of missing docs... Dont worry...
    Good luck!




    kondur_007
    05-13 01:34 PM
    Thanks to all of you! Such a wonderful discussion.

    So now can my husband port his PD as well? How does the priority date swap? What process have people gone through to do this effectively?

    The most effective way is to ask for old PD on the new I 140. There is a box on form I 140 that asks for prior approved I 140 and PD on that (if you want to retain it). download the form and see it for yourself.

    It can also be done at 485 stage, but much easier to do at 140 stage.

    Make sure to insert the same A number that came with old I 140.

    Good Luck.



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