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  • roseball
    05-04 11:11 PM
    Hi All,
    Recently I received an RFE on my Wife's 485 application asking to prove that we both are still married. My lawyer is asking for around $400 to respond to this RFE, We have already paid the lawyer about $7500 until now for our GC process and she is no longer the preferred lawyer for the company that I am working for, but I had to keep my case with her as she has processed all of my applications until now. My questions are:
    1. Can we ourselves respond to the RFE and save the $400.00,
    2. If so, What's the process and what documents that we need to send to prove that we are still married.

    Appreciate all of your help in this regard.

    Thanks

    Yes, you can reply to RFE directly. One of my friends recently got a similar RFE and the RFE included the type of documents to submit. The following is the text from the RFE:

    "Submit evidence to demonstrate that your present marriage to XXXX is bonafide. This may be in the form of birth certificates for common children, documentary evidence of joint residence and/or ownership of property, joint income tax returns, joint financial accounts, spousal insurance coverage and other such documentation. If you fail to submit any evience or of you submit insufficient evidence, you application may be considered for denial"

    His lawyer is charging him similar fee so mailed all the above mentioned documents directly with a cover letter and copy of the RFE. Hope this helps.




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  • vsrinir
    06-12 03:30 PM
    http://www.politico.com/blogs/bensmith/0609/White_House_postpones_immigration_meeting_again.ht ml


    June 12, 2009
    Categories: White House

    White House postpones immigration meeting, again

    The White House announced this spring it would be hosting a big meeting on immigration policy � a signal that Obama cares about the issue, and perhaps a chance to rub salt in open Republican wounds, if not a serious attempt to move immigration reform this year.

    But the meeting was postponed from its original date, June 8, to June 17 � and now it's being postponed again, White House officials have told advocates, with no set date but hopes to do it later in the month. Officials, I'm told, are blaming the supplemental for the delays.

    Ana Navarro, a Florida Republican activist who has been arguing that Republicans have a chance to seize the initiative from Obama on this issue and repair their image, e-mails, "Nobody knows when it is. Nobody knows who is going. Nobody knows what the agenda is."

    "They are stringing along the immig[ation] advocates and Latino groups to whom Obama owes so much," she writes. "Latinos need to stand their ground, hold his feet to the fire and demand that he deliver on repeated promises to get this done within first year or call him out on it. This is a litmus test for Hispanics, and one which so far Obama is failing."

    UPDATE: Frank Sharry of America's Voice, an administration ally, tells Gebe Martinez: "While we are disappointed that the meeting has been delayed, we are confident that immigration reform will move forward this fall. The President has promised to advance the issue many times, and we believe he is a man of his word."



    By Ben Smith 01:00 PM




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  • gc??
    11-17 09:03 AM
    what is happening? Is anything happening today?




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  • krishnam70
    05-01 04:44 PM
    I got a similar RFE, except I have been asked to provide government documentation stating why mother's name is absent in birth certificate. Can anybody help on what type of government document can I obtain? Getting a new BC won't be possible, as my parents are currently in the US, and would return after the RFE response deadline. Can I get a court order regarding this effect? Any template would help.

    Thanks.

    EB-2 India
    AOS filed July 2007
    PD April 2007
    Currently on H1-B (renewed till 2011)

    Much easier for you , get them to sign an affidavit here and notarize it and submit it, also get an affidavit from some of your relatives back in your home country as additional evidence and submit them. Any documentation which basically establishes their relationship to you and an affidavit completing the circle would be acceptable

    - cheers
    kris



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  • supers789
    09-18 08:06 PM
    as far as previous employer has not revolved / canceled i140, and Priority date for i140 is backlogged, you can get 3 yr extension on h1b using previous employer's i140. if any of these does not satisfy, you do not get 3 yr ext. using old company i140.




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  • sripk
    05-17 02:24 PM
    I have Master's degree from US and have been with the company for 6yrs. This is the response from my Attorney on porting to EB2 category. My I485 was filed during July 2007. What can i do to be able to file a new PERM LC for porting to EB2 category without affecting my I485 application? Please advise.

    Thank you for your email inquiring about filing a new PERM labor certification (PERM LC) application to qualify for the EB-2 preference category. A final determination has been made on whether a new PERM LC can be filed.

    Regulations that govern the PERM Labor Certification process do not permit an employer to file a new PERM LC application for the sole purpose of shortening the wait time in immigrant visa preference categories. Company will not file a new PERM LC unless it is clearly required by regulation.

    We completed our research and legal analysis. The purpose of the research was to determine whether you can still benefit from your current case, or whether substantial job changes require, by law, a new PERM LC application to be filed on your behalf.

    Our final assessment is that while some job changes have occurred, the changes are not substantial in the context of labor certification regulations. Please note that while the group, products and/or daily tasks in your employment may be different, these changes are not substantial from an immigration perspective and do not require a new PERM LC. In addition, portability provisions of the law allow considerable flexibility for job changes when an I-485 Adjustment of Status application has been filed.

    This is not an internal policy matter, rather company's compliance with U.S. Department of Labor regulations that govern the PERM LC process.



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  • LloydsApple
    11-11 10:20 AM
    hey all i can't find where to post a new thread so hopefully I can hijack this quick.

    I called the USCIS number for info but can't speak to an operator.

    My wife is planning on traveling to hawaii in december. She will have her drivers license by then. She has her I-485, I-130, I-765 and some other M109109 (whatever that is).

    she wants to know if its ok for her to travel to hawaii (from florida). it's in the united states so i can't imagine there being an issue. she will be traveling to ohio later that month and to me its the same thing. I'm just trying to get the opinion from someone who would know for sure.

    thanks for any help!




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  • srikondoji
    08-28 01:37 PM
    Mine and my wife's EAD was filed online within few hours. Mine got approved while my wife's application was still pending.
    Yes, USCIS is not processing on FIFO order at all. Calling USCIS will help, if you are almost close to ead expirationa and in danger of loosing job.
    Don't waste time and be anxious about it, if you are months away from expiration.

    good. finally calling USCUS helps and your wife got EAD.:)

    in my case i have applied for EAD/AP on 31st July and the same way, i got direct CPO email (no case Approved..) on 26th Aug. spouse AP approved on 20th Aug (but on my AP and spouse EAD still no LUD)

    so no one know in what sequence USCIS is processing EAD/AP/485!



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  • paulinasmith
    08-20 03:01 PM
    goel I know that, I have already done that twice in previous stampings at Canada. Each time I went a day before to the Scotia branch prior to my appointment. What concerns me is this statement.

    If you have already scheduled to attend an appointment through NVARS, please pay your MRV fee prior to September 1, 2010


    My appointment is for Sept 8. To pay MRV fee prior to Sept 1, I need to be physically in Canada at a Scotia bank branch before Sept 1. Today it is Aug 20, and I still havent gotten my passport back in mail yet with Canadian visa stamped on it. My scheduled arrival in Canada is Sept 7 so I can take care of Scotia bank receipt prior to appointment. But their statement says, the fee needs to be paid prior to Sept 1.

    See my point?

    Btw this just came out I think yesterday.


    Flights from Canada to US are very expensive.The procedure is very simple you can even simply pay the fees some hours before your interview (September 8). Its all good and safe if you have payment receipt with you during interview.




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  • gchetna
    09-08 05:44 PM
    I filed for 485 in July without EAD and AP document since my H1B is valid for another 2 years. In a month's time the most unfortunate thing happened. The company that sponsored my H1B/Green Card just got acquired. It is anticipated that as a result several people will get laid off including me. I have yet to recieve the reciept notice for 485. What happens when something like this happens 180 days before? What are my options if I were to get laid off?
    1) Get H1B transfer to another company and hope that old employer won't revoke I-140.
    2) Don't get H1B transfer, don't work at all, apply for EAD and AP and wait for the next 5 months to pass. Again hope that employer doesn't revoke I-140.
    I have very good relations with employer and so far I have never needed to bend any rules, but don't know what the new people will be like.



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  • SGP
    10-28 10:38 AM
    Hi Guys,
    I am based out of NJ and was working for an imports company for more than 8 years. I have an approved I-140 with this company. This company wanted me to sign an overly broad non compete agreement which would be valid for 5 years after termination. I refused to sign this agreement and I was verbally threatened with dire consequences if I did not sign. They fired me yesterday for not signing it and also stated that they are canceling my H1. Would this be treated as wrongful termination? Is there any way that I can file a complaint with the DOL? Has the complaint to be filed thru an attorney or can I do it myself?

    Good news is another company has already applied for my H1 transfer.

    I will appreciate all suggestions and advices for which I thank you in advance.




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  • Dhundhun
    06-08 01:34 AM
    My Job ad says: Sr Business analyst wanted ... with MS/MBA or foreign equivalent with 5 yrs exp.

    I have
    BSc in physics - 3 yr India degree
    PG diploma in Instrumentation - 1 Yr India PG diploma
    PG dip in marketing mgmt - 1 Yr India PG dip (E learning)
    PG dip in buiness admin - 1 Yr India PG dip (E learning)
    MBA - 3 Yr India PG degree (E learning)

    6 yrs in healthcare, 2 yrs in sales, 5 yrs as Business analyst with Indian s/w vendor. 13 yrs in total.

    Does my job ad allow me to qualify for EB2? Will I have any issues at my I-140 stage? Pls share your thoughts

    If 5 yr exp. is there, then the required exp. should match. Can you match requirement list and show matching previous exp.? If so it should be EB2 - if not then I-140 will not be approved.

    This is the place lawyers provide better advise - how to match (req. vs exp.), so that they can defend case in case of RFE.

    As such the job req. seems to be EB2. It has no relationship with individual. Individual have to match it.



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  • serg
    08-07 10:59 AM
    I had applied for Labor Substitution/140/485/EAD concurrently on July 2nd. If I understand the process correctly, I would receive 3 different receipt notices and 3 different approvals for LC/140/485?

    I have applied in NSC. What is the approximate processing times for approving:
    1. Labor Substitution
    2. I 140
    3. I 485.

    Also, will they start processing 485 only after LC and 140 are approved?

    Thanks.

    http://www..com/ will help you.




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  • n4nature
    02-05 01:25 PM
    Masters + 4 years or Master + 0 Years or Bachelors + Exp etc is all decided by the company based on the job title requirements, pay. It is not for you to decide what the labor should be. When company filed my labor I had MS + 3 Years experience from different origanization + 2 years with current organization but the labor was for MS + 0 Yrs experience because that is what the manager & HR thought the company needed and that is how it was advertised. They attached my experience letter from previous employment while submitting the labor but the job requirement never needed it.

    Thanks for this answer!!!



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  • gccube
    04-24 10:47 AM
    Mine is a substitute labor.




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  • rajum02
    05-14 11:07 AM
    Howard County .. ( Columbia, ellicotcity)



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  • wa_Saiprasad
    02-13 03:40 PM
    It's a very cute letter. I am positive this will motivate many more.




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  • shana04
    12-31 01:54 PM
    If you had bothered to search these forums you would have got your answers in 5 minutes. However its just easier to ask something and sit there waiting, right? instead of reaching out, researching a bit?

    Now that someone has answered your questions, would you consider atleast contributing (http://immigrationvoice.org/forum/showthread.php?t=15905) to IV? The same questions you have asked here, if you ask some of the good lawyers, would have cost you $300!

    Please do not hurt any ones feelings and sentiments (think about your self in that situation and then answer.

    People come to IV because they think that there are some good people who would suggest and help.

    And please remember one thing, if you are in a hurry and dont have time. you would not think about browing or searching, but post your quesiton. And who knows he might have even done his browsing and asking for experts opinion.

    And IV is an org and it at their wish and will of individual whether to contribute or not.

    so please do not force any one.

    Good luck to you.




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  • studentoflife
    11-08 09:35 PM
    As i understand for labor there are only 2 centers right ? one is the atlanta processing center and the other is chicago processing center. Atlanta processing center caters to the state in which my employer has registered his company so i believe he must have sent my application to this processing center only.

    http://www.plc.doleta.gov/Processing_Centers.htm

    Kindly correct me if i am wrong

    StudentOfLife




    punjabi
    09-29 01:02 PM
    My suggestion is don't ask for a referral for a good consulting company.

    If two consultants are working through a consultancy, their own opinion might differ drastically about the same company. These desi consultancies treat everybody differently.

    They do not have set standards. Even if they have some on papers, I have seen none so far who follows those.

    They say we will give you 90% of your share. They meet you with smiling face and they talk very politely. And when you ask the Work Order to confirm your rate, they very conveniently change the figure and fax it over to you. This is not an assumption, I have seen it happening before my eyes.

    And most of all, they do not feel any remorse or guilt at all.

    So, please look for your own. Be careful. Avoid the ones who smile constantly even while chewing the biggest burger on their plate. :-)

    Find an American company. They know their state laws and are afraid to commit anything against those.

    Good luck, my friend!



    Guys, Suggest me a good consulting company. My employer is OK until now and he just started demanding money even for H1 extensions. I am seriously thinking of moving. Please suggest good desi consulting companies who can support my GC and keep min billing. I have a very good project in hand




    gemini23
    08-02 11:28 AM
    if you dont have experience letters from past employers, you can attached notarized affidavits from your past colleagues. that affidavit need not be on a letter head, as it is from an individual (as opposed to a company).
    Make sure it has details on begin date, end date of your jobs and designations along with job description(should be same as in LC). Also provide the phone number, address, designation of the person who is giving your the affidavit , in the affidavit letter.

    This info is from my lawyer.

    Hope this helps.



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