Kama Of Kingstone

Hi,

We are filing I-140 in EB2 category in this month; I came to know from this forum that one should include 2 affidavits from past colleagues or managers with job duties if experience letters can't be obtained with job duties.

I have two questions with regard to Experience letters -

(i) My previous employer (worked in 2003 in India) is no longer in existence, and i could only get one affidavit from the client manager. I don't know now any other colleague from the company, so I�m not sure what can be done in these cases. Please advise...

(ii) I have obtained two affidavits, one from a manager and other from colleague for a previous company that i worked in 2009 in US. But the job duties they agreed to sign is not 100% equal to job duties included in PERM application for that previous experience. What i meant by difference is, wording may be slightly different or of the 6 to 7 job duties, one or two may be different. This happened because my manager advised that he could only include job duties of system analyst (per H1B petition) but my actual job duties are particular to a technology.

I'm not sure if there should be 100% match between experience letter/affidavit job duties and job duties included in PERM application for previous experiences. Please advise..

I think my thread is very long, but i feel this will help all of us to understand the legal requirement and help us avoiding any RFEs or denials in I-140.


Thanks and Regards,
PVGanesh

Hi Guys, I just started my monthly contribution today $20/ Month. IV core is literally begging for more funds. So please contribute to save this organization and save ourselves. If you have not contributed so far, for whatever reason, just do it now....it is never too late. Thank you. $20 per month is not oo much, but 10 people from here in Houston can do that it is a little bit. Every drop helps.

Hey god_bless_you,

God gave me a RED DOT.

Anyway, congrats again.

Enjoy.

I got the same response from my attorney for my AP to be approved. It is very funny that first he said I can not leave the country while AP pending and they he said that I could leave once my biometrix appointment is over. I am holding it until the critical situation comes for my desparate need to go to my homecountry India.

Usually it takes 90 days to get AP nowadays. I checked in , some have received it in 20 to 60 days. If you do not plan to return for a long time, you will not be able to use it anyway when you return (you may have to go to the US consulate before coming there to get letter / keep extending while you are out there).

What you can do is...
1. Call the number in your AP receipt document and look for an opportunity to expedite it. If this is very critical, they can guide you on how you can expedite it.

2. If possible, get an InfoPass appointment to your local USCIS office and go there in person, try to explain the situation and make them feel on what you are missing.

3. Visit the senator's office in person and talk to the Senator and explain the situation and request to expedite it. Before you make your personal visit, explain the situation to the exec assistant of Senator and get her view on what would be Senator's response.

4. Quiltely wait until the AP gets approved.

Good luck on you AP

Let us know what you hear from your attorney/friends/forum about this. I am sure a lot of people would be interested in this. I sure am.

My wife got her H1b in 2007 and she was working for the company for 1 year and then she delivered in Oct 08 and since Oct 2008 she's on maternity leave. She was supposed to join back but because of the downturn her employer asked to extend the maternity leave and its an year almost. During this whole period her employer is ok and he has not removed her job. Is my wife is in status? I read on the web that the maternity leave is mutual as long as the employer and employee exists its ok. But my question is that is there a time limit on that. Also she's not getting paid for the full year when she was on maternity leave. The state remains the same now also. So what are right steps to do.....
Change to H4 till the employer asks to join back and then change to H1?

Please suggest

maternity leave can only be justified for maybe 3-4 months after delivery.... I think she is out of status. If there is no job, change status to H4 or something.....

But as mentioning is it good to efile or manual filing. as i said this is the case , I have moved after filing 485 my file is at NSC , for CT direct centre is VSC and many ppl have adviced to send file to NSC as my 485 is at NSC. Hence i have decided to file for Manual filing as i am new to Efiling and i dont want it to suggest this to go to VSC which will delay the case ? am i making sense?

Any list for manual filing ?


Checkout : http://immigrationvoice.org/forum/showthread.php?t=14135 (http://immigrationvoice.org/forum/showthread.php?t=14135)

Extract for eFiling EAD:

Covering Letter from the PDF
Covering letter from self
Copy of I-485 Receipt
Copy of approved I-140 (If approved)
Copy of PP (1st and last Page)
Copy of Visa Stamping
Copy of I-94 (Front & Back)
Copy of DL

Once these categories are eliminated how can a spill over take place?

I gotsta give it to the snow.

This case is complicated as your I485 is already approved. If you refile your wife's I485, it might get rejected.

I would suggest you to not rely on forums and get an expert lawyer's help ASAP. It will be worth it.

I have to apply for my wife as my derivative of 485. My 485 was approved on July 8th 2010. Below is the timeline

July 1st - Applied Wife's 485
July 8th - My 485 was approved
July 13th - Wife's 485 Denied due to outdated forms
July 14th - My H1, Wife's H4 and I-94 Expired
July 19th - Planning on sending a new 485 application for spouse

I'm mainly concerned about two things
1. Is she out of status for 5 days from July 14th to 19th
2. Can I still apply her as a derivative, as my 485 is already approved.

Thank you,

I turned out to be my I-485 approval notice!

I just received it yesterday.

Thanks all.

Freedom1.

---------------------------------------
Freedom1 - I received similar message and since I moved, I have not got any notice from USCIS. How long did it take for you to get the notice? Did the notice tell to complete any formalities at your local USCIS office?

Your reasoning is nearly correct. But you are missing Two points:
1. There will be some cases from BECs which could not file AOSs in time since their labors did not clear for them in the july/aug timeframe. Only when these have cleared will the chances of further retrogression decrease.
2. ALSO - Just as an example, If there are 100000 Eb2s with PDs of 2005. We know that there are NOT 10000 visa #s available for EB2s, in that case too, the dates will retrogress - since thats the only way they can prevent visa #s being used.

Am I making much sense ?

My point here is:

Now there is NO reason for the DOS to miscalculate or not know how many applications are out there for AOS.

Someone mentioned that some BEC ppl were not able to apply for AOS coz their applications did not get released in time, that is a valid point. So maybe we should see one last backward movement if any and then it should be strictly forward movement. VERY SLOW movement i agree but forward movement.

The backlog centers have 10 fed govt employees and 100 guys from Exceed unless I am egregiously mistaken.

Why does any one think that those 100 guys will be left out with out any jobs? Wont the 10 fed guys be moved to Chicago/Atlanta NPC's with huge reloc benefits package? If they dont choose to move because of personal reasons, Do you know what kind of severance packages they get?

100 guys from Exceed will be definitely working for other fed agencies after they are done with this gig. IRS has a huge base in Philly and Exceed is a govt contractor. May be IT consultants need to learn from these folks..

"How NOT to get the work done in 5 years?"

B T W Does these places have any guys who are struck with their labor?

if your wife is bugging you to buy a house ...show them this article :D :D ..and it will help
-------------------------------
Female Homeowners Sadder, Fatter Than Renters
John Carney|Jun. 18, 2009, 11:27 AM|comment27
Print
Tags: Economy, Housing, Housing Crisis

Researchers from Wharton have discovered that female homeowners, on average, outweighed renters by 12 pounds.

Female homeowners were also carrying around more aggravation, making less time for leisure, and were less likely to spend time with friends.

"Home ownership can be a much more complex idea than just a straightforward expression of what we call the American dream," says Grace Wong Bucchianeri, an assistant professor of real estate at the University of Pennsylvania's Wharton School. The story was reported on Canada.com

But what about all the good stuff that comes with owning a home? Aren't homeowners benefiting from the security and independence of owning. Not really. The research shows that when you control for things like childbirth and income, the difference in contentment vanishes.

"I don't see any strong evidence that homeowners are any happier than renters," says Bucchianeri, whose 600-woman study is under review for publication in the Journal of Urban Economics. "On the other hand, they consistently report a higher level of pain — or what you might call negative feelings — connected to their home, and that's after controlling for all kinds of demographic characteristics, their financial situation, how many children they have and so on."


Bound to happen. Houses have been overpriced and House ownership has been way more expensive than renting in recent years. So if one buys a house there would be very little discretionary income to have a good life.

Sounds good to me. QJ?? Anyone else?

Hi!
I was wondering if you guys know any link on Dept on labor (or uscis.gov) that says that employer is responsible for all the legal(lawyer) fees. I work for a government firm and they only pay H1b fees that they are supposed to pay to USCIS. At the same time, they force me to hire a lawyer (I cannot file it myself) and they want me to pay for the lawyer.

I was wondering if you know of any law that I can show them and ask them to pay for the same.

Thanks in advance :)


-Supported the million dollar drive

if you want networking and be independent then you can join Amway :D.
am joking ofcourse

Hey guys, can anyone help? I�ve been disconnected from the site for a while due to personal reasons. Does anyone know approximately the following?

1- Approximate PERM processing times (from filing time) for EB2
2- Approximate I-485 and I-140 processing times from filing date for EB2
3- Approximate length of the entire process (from filing PERM to getting I-485 approved) for EB2
4- Are I-140 and I-485 still being filed concurrently?

I know there are trackers, but I find them all confusing!

Sorry for the many questions. This would help me a lot! Thanks in advice for any input guys!

(or send me a private message if easier, thanks!)



Hey jamie,

if any one knew this answers they will become immigration consultant trust me and will make big bucks.... USCIS has miraculous ways to function any thing can happen any time.......

I sent my EAD extension documents on 7/9 via FedEx to Nebraska. They recvd it on 7/11 morning and got signature proof. Can you please let me know how many days it take for the check to be encashed? This will be helpful. Thanks!!

For private courier (non usps deliveries) there is different address please see in the Instruction on completing I-765 form on USCIS website.
I send my application via fedex today to following address..

For private courier (non-USPS) deliveries:
USCIS
Nebraska Service Center
850 S. Street
Lincoln, NE 68508-1225

I had applied under EB-2 category and my priority date is: 3/3/2006.
My I-485 was filed on 8/2/2007.
My I-485 was approved and I received my Green Card on Aug 15th 2008. Surprisingly and rather unfortunately, there was no action on my wife's I-485. My wife�s case was submitted with my own case on 8/2/07. The TSC at that time reported that �normal� processing time is 7/16/2007. So basically I got mine out of turn or by chance. The TSC protocol permits attorneys to inquire regarding the status of an I-485 beyond normal processing time if the receipt date is more than 30 days beyond the published processing date. So we could not inquire about my wife's application and soon the priority date changed back.

She has an EAD approved until Oct 2010. She is currently employed. I am also employed with my first company and have been with them for 5 yrs now.

My questions are:
1. What happens to my wife's I-485 application, should I choose to leave my job and go back to school ?
2. Will her EAD still be valid if I leave my job ?
2. I am planning to go full-time starting Fall 2010. Will we be able to renew her EAD independent of my work status ?

Thanks a lot for your time and attention,

February visa bulletin will be out this week any day.

What is the opinion of gurus who analysed that latest USCS numbers about dates? what do you predict?

thanks for changing the title... now let the guess work begin....