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  • augustus
    04-22 10:31 AM
    My lawyer got the RFE notice yesterday....

    USCIS requesting the following...
    1. Dated letter from employer detailing job duties and position
    2. Your proffered position if different from current one
    3. Date I began employment and current salary
    4. Letter must be signed by executive officer of the company
    5. Letter must clearly state whether the terms and conditions of employment based visa (or labor certification) continue to exist

    They are requesting too many things at this point and it seems like the requests are different from other RFE's received by IV members. This is concerning me a lot. Can expert IV members give me any guidance? Have you received such an RFE, what does this mean? Any advice is very much appreciated.

    My LC / I-140 stated that I am an "Electrical Engineering Technician" due to PW concerns at the time of application but my H1-B application said "Applications Engineer (Chemicals Group)". But the job duties were exactly the same word for word. I'm not sure if that is causing the problem. I am being paid significantly more than the LC / 1-140 wage currently. So, lack of ability to pay is not an issue. I have also been continuously employed by the same organization. I have not sought a different employer ever since I applied for my GC.

    Please reply with your thoughts.





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  • waiting_4_gc
    03-31 04:54 PM
    Congratulations! Enjoy the freedom.





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  • Munna Bhai
    12-14 08:20 AM
    I have been looking to possible cause of getting RFE at I-140 stage and I came up with the following:

    1.If your qualification doesn't match with the job description, like you have AMIE,Diploma,M.Sc 3 years courses but I-140 says Major required is Engineering or B.Tech(chemical) or B.Tech(mech) but working in Software.

    2.Ability to pay, which means how many I-140 that company currently has and whether that is equally distributed for wages.

    3.Ability to pay, which means have you submitted the required Tax document etc so that it shows company can pay future wages.


    I would like to get more information so that others who are planning to apply for GC should take this into consideration.

    Any inputs is appreciated.

    Thanks,
    -M





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  • newcomer
    07-11 10:37 PM
    Good one. Could also add the IV logo on it



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  • ghost
    02-07 03:31 PM
    Thank for the reply. I hope the suggestions will be acted on and implemented at the earliest. It's frustrating to see that the priority dates haven't moved by a single day in last 6 months, something really needs to be done and I will do my support IV with anything.

    Thanks for your commitment...if you are frustrated by no movement in 6 months then imagine the plight of folks on this forum who have no priority date movement since Jan 2002 (9 years and counting)....most of them have literally became dormant with the long wait and some of them have become cynical and skeptical of the entire process and quite frankly about IV...it's hard to motivate and make them commit to supporting IV. There are few brave souls who refuse to give up and are fighting for the greater benefit of the entire community!





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  • EB3June03
    06-25 06:47 PM
    So after going through the medical and knowing that i will have a positive PPD (due to my history of positive PPD), and having clear X Ray results - the civil surgeon said you need to treatment for TB. I was surprised to hear it and as I had read from the CDC website and read the instructions - I saw the Treatment is Recommended - NOT Required and it also mentioned that the doctor should sign Part 5 and the applicant is clear for USCIS purposes and explain to the applicant the implications and recommend going for Evaluation to the health department.

    I showed the points to the doctor but he did NOT want to sign it without any entry in the part 3 and part 4 - which from what i read is for those that are going to REQUIRE treatment.

    Reference :- 2008 Tuberculosis Technical Instructions for Civil Surgeons | CDC DGMQ (http://www.cdc.gov/ncidod/dq/civil_tb_ti_2008.htm)

    View Page 6 of FAQ booklet: http://www.cdc.gov/ncidod/dq/pdf/civil_surgeons_faq.pdf
    17. Should Part 3 of Form I-693 be completed when the civil surgeon is referring the applicant for evaluation for treatment of Latent TB Infection (LTBI)?
    The 2008 TB TIs recommend that civil surgeons refer applicants with “Class B—Latent TB Infection Needing Evaluation for Treatment (LTBI)” to the TB Control Program of the local health department. The referral for evaluation for treatment of LTBI is recommended, not required. Part 3 of Form I-693 should be used only for required referrals, therefore the civil surgeon should not complete Part 3 of Form I-693 when making this referral. It follows that the health department is not required to complete Part 4 of Form I-693 after evaluation for treatment of LTBI is completed or after treatment for LTBI is completed. Please see question 18 for related information

    Did any of you folks run into similar situation?



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  • ash0210
    05-15 09:09 AM
    Due to PD movement, to track exact status of how many guys are "already in Que" and how many guys want to "join" the Que, we needs to have two more options e.g. -
    - India PD current & I-485 already filed (guys already in Que)
    - India PD current & I-485 NOT filed (guys want to Join the Que)

    This will help to know how many guys are in que, how many VISA's are available (as per USCIS) and then we will have some "guess" work on how PD will move ahaead in upcoming months!!

    This is a EB3 - General Poll across all countries





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  • dixie
    09-05 01:12 PM
    If you consider carefully, all the sponsors of SKIL whether its the house or the senate are republicans. Dems are pro-immigration in general, but they are more concerned about the illegals.Republicans on the other hand are anti-immigration in general, but pro-business; which roughly translates to pro-legal immigration. So by no means is SKIL a slum-dunk; if anything, CIR might come in for more favorable review by the dem-controlled house.Things will get interesting is all we can say.



    I would like to discuss two issues

    1) Is there a reasonable chance for Democrats to take control of the House after Nov elections.

    2) What would that mean for skilled legal Immigrant community (aka will my GC come faster :))

    It looks like Americans are fed up with the war in Iraq and other issues. Especially here in TX there is one seat definitely going to Democrats ( Tom Delay's seat). Would a Democrat majority make passing SKIL a slam dunk ?



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  • bsbawa10
    04-11 08:58 AM
    I have couple of questions



    2. Also there is question "Please provide information concerning your eligibility status:", what should I provide in that text box.
    Please suggest.

    I think you can say 485 filed.





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  • immigrationmatters30
    07-26 02:06 PM
    I had the same problem.Surname has my full name and given name was.I got my H1B VISA stamped in June 2006 at Metamoris,Mexico.No problem.I had my name corrected in the new passport after my passport expired last year.


    Hi,
    I don't have surname in my Passport my full name is given in " Given Names".
    so while filling up the form (D-156 and D-157) for appointment I put NA in surname, so now my name in "Applicant Name" is myname followed by NA.
    IS it ok ? or does it create any problems while I go for visa stamping/interview.
    If I cannot put NA then what do I put in Surname column on D-156 and D-157.
    Thanks



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  • cris
    08-30 09:28 AM
    Immigration gurus, need your advice ASAP

    my current H1B visa expires 03/07 . If I can fill for extension and while petion is pending with USCIS for processing can I travel outside USA ?

    I asked lawyer to apply for extension first week of september . I have I140 approved and he will request 3 years increment .

    my job requires traveling outside USA and I'm wonder if I can travel back and forth until petition is approved .

    I know that after approval I need to get visa stamp .

    Your quick inputs will be highly appreciated

    thank you in advance





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  • diptam
    06-10 10:23 PM
    The worst hit 140's are EB3 (and that too mostly in NSC and some in TSC). Not a single NSC EB3-140 is coming at < 400 days.

    EB2 is coming still okay and EB1/EB2-NIW are pretty quick. So i dont see a good quantity of benefit by allowing Premium Processing only on a thin section of applications ?? It make a difference of few days, not even months.

    Where they need to re-instate Premium 140 to give actual relief - they wont do anything.

    And not all EB applicants have labor. EB1 and EB2-NIW have no labor. Such applicants would benefit greatly from this rule since USCIS is taking a ridiculous amount of time to adjudicate I-140's.



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  • ksvreg
    02-25 01:37 PM
    PWD has nothing to do with you joining them. All DOL does in PWD is it assigns a salary range based on the location of the job and the minimum requirements defined for the position. BTW, it is infact taking 2-3 months to get PWD these days.

    Thanks a lot for your input. So I can join after the PWD is done.





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  • gunabcd
    07-17 04:48 PM
    I am ashamed to read these comments coming from "highly skilled" people. Administrators please take preventive steps. We dont want some sickos malign IV. :mad: :mad:

    Come on guys, we are in US not in Saudi Arabia. Such comments are made in US senate also. It's not illegal to say something like that. It was a good joke. With all due respect let me ask you, are "Highly skilled" not human being?

    Still I agree that such comments should not be made, because it could become a norm, and someone someday could really cross the boundry, which could create a problem for IV.



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  • GCard_Dream
    09-15 01:41 PM
    You bring up a good point about the conference committee. When is the conference committee needed? Is it when bills are significantly different or even for slight differences. I thought conference is only needed if the bills are significantly different and needs to be negotiated between 2 houses. If only few provisions ( like ours) are different then can it be voted on by the house as it is without any conference and get a up or down vote? Now this all assumes that republicans are actually serious about some kind of relief to legal folks which I am seriously starting to doubt.

    if they take the bill, they might listen to us and include our provisions in this bill because our provisions are part of the CIR bill which they passed it.

    but they will make changes to 'secure act' and pass it in such a way it goes to conference committee (big chance of this going because senate wants 370 miles fence, house wants 700miles) and they wont have time for that committee now, so they will work on it next yr after elections. again after elections, it is diff game as you said. anyhow we caught in the middle of their game.





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  • ramaonline
    07-15 02:10 PM
    You can still work on EAD and maintain your H4 as long as you do not go out of the country. If you go out and enter on AP, then you switch back to AOS, no reporting to USCIS is necessary. But if you can still file I-539 and switch back to H4 again.

    But on H4 you can still work on EAD, while maintaining your H4 status.

    H4 status ends the moment you start using EAD for employment. You would need to use AP for travel and re-entry.



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  • ndialani
    11-23 08:38 PM
    Do you mean we can send checks for $ accounts to be deposited into local rupees accounts in india? Does this work. Do you know how long it takes for them to get the money after each cheque deposit?

    Hebbar77,
    Yes its ok to do it. I have been doing it for last 11 years. It usually takes 7-10 days to get it cleared in the bank.MY parents have account in Axis bank , ICICI and dena bank. Depends from bank to bank.
    Advantage: no extra cost involved
    Limitation: 1-2 weeks time

    Wire transfer:
    Advantage: money is there in 2 days , good for emergencies
    Limitation: unnecessary extra cost involved.





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  • axp817
    07-05 11:31 AM
    Can these 200 please contribute to the agenda laid out by IV, instead?

    thanks,





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  • Al6200
    05-06 09:02 AM
    I never said it was. What I am saying is that it's off topic considering what he wants to achieve.


    He will? Why?


    Again, that's got nothing to do with the desire to learn Win32.


    And so can using the WPF in .NET, but how does that help with learning Win32?

    Sorry for going a little off topic... I just was showing him some things related to Win32, like if I showed him MFC or COM.

    Anywho, Win32 is a pretty cool API. One thing I'd recommend is Visual Studio's help files, or just creating a project in visual studio where the Win32 code is written in automatically, and then studying that code.

    If you're not using Visual Studio, a highly recommend you use it as a compiler. There is a scaled down free version.





    maxy
    04-28 09:53 AM
    when you say new fees, i assuem it is $340 . Correct ??


    correct.

    but i am not sure renewal will be for 1 yr or 3 yrs ?
    anyone here knows..?





    mattresscoil
    12-09 07:58 AM
    Hi,

    I filed my I-140 and 485 concurrently using substitue labor by June'07. Still my I-140 is pending. Recently again I filed my Labor with the same company(No change in the compary ). it got approved last week. I am going to apply for new I-140. Can I port the previous PD?

    Thanks
    VK
    Venkatanathen:

    Your previous I140 needs to be approved. If it is pending, I dont think you can port a priority date from it. Again please have this answer qualified by an attorney.



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