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  • nmember
    05-25 05:54 AM
    fax send





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  • sduddukuri
    04-07 07:49 PM
    I said "NO". my lawyer suggested to file it as NO. We left country within 2 days after we came to know about the denial





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  • 2008FebEb2
    09-22 11:28 AM
    Not many cases in 2007 and 2008.

    Looks like people got p1ssed off and not applying anymore in EB2 2008:p





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  • Dhundhun
    04-24 12:31 PM
    Hey god_bless_you,

    God gave me a RED DOT.

    Anyway, congrats again.

    Enjoy.



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  • smuggymba
    08-11 11:56 AM
    My wife got hers from:

    Josef Silny & Associates | Foreign Credential Evaluations (http://www.jsilny.com/html/foreign.htm)

    The school actually asked to use them.





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  • Aah_GC
    06-01 01:37 AM
    As suggested by vxb.. make sure you have your I140 approved, as long as you have that - you should be good to look at other options. If you use AC21 without I140 approval, its puts you at risk as your employer can revoke I140 even after 180 days of I1485 application. Seems like you have that figured that one out.

    The thing with your TME role is, it is very explicit with the word "Marketing" in it. The concern with USCIS is it might actually object your transition from an engineering to marketing position. Not sure if you are moving with the same GC sponsoring employer (if that is the case, you should be good). But if you are thinking about a different employer, make sure you are moving with the same / similar type of roles. After all your GC labor was approved for a specific role that did not find a GC / citizen with similar skills.

    Use your AC21 privelege wisely.

    Hi,

    I was wondering if anyone was ever able to change from Software Engineer to Technical Marketing Engineer (TME), using the AC21 portability rules. A TME needs similar level of technical skills as that of a Software Engineer, of course used for a different purpose.

    A short description of this role (for those of you who don't know about this role)

    The Technical Marketing Engineer role is exciting and challenging for the employee that enjoys equally working hands on with technology in the lab and marketing this knowledge to customers. Working with marketing, engineering, services and the sales channels

    I really like to consider moving to TME roles. I see this as a first point to moving to Product Manager roles. One could move to Product Manager directly, but I guess the transition for a Software Engineer will be smooth, when he/she goes from Software Engineer -> TME -> Product Manager. The advantage with TME is, you can leverage your technical skills to perform this new role and then gradually hone your marketing/soft skills, to move to the Product Manager position. This is also the input I got from the Marketing Director of one of the reputed firms.

    All looks good, but I am not sure if this transition to TME will be acceptable under the AC21 rules. It would be nice to know if anyone has ever able to do it successfully (without getting any RFEs/rejections). Right now, I have a feeling that I am totally stuck in the Software Engineer role and really like to explore my options.

    Appreciate your thoughts on this



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  • Hermione
    10-02 12:45 PM
    According to IRS you are citizen(Any one who stays more that 180 days and pays taxes in us is a citizen according to them). You can apply for student Loan as a citizen if you use this clause intelligently. This is how most students get credit cards. If you say you are on H1 to a credit card company they will never give you the card.

    Again this is only my opinion. I might be wrong.:)

    What you are talking about here is called 'Resident Alien' - the IRS definition of someone who pays taxes just like a citizen on a regular form 1040 (by the way, students are non-resident aliens and pay taxes on 1040NR). To open any financial account you must disclose if you are citizen/resident alien or non-resident alien, and yes some companies do not open accounts to non-resident aliens, but it is acutally up to companies where they draw the line - most credit card companies are glad to open accounts to foreign students (hey, it's a free country, you can't tell a company whom to lend the money and whom not, provided it's not taxpayer money).

    The kicker about the student loans is that there is special Federal financing available only for loans taken out by citizens and LPRs (Sally Mae and recent student loan scandal ring any bells? yes, these are loans). So, oups, no luck here without a green cards.





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  • pmamp
    12-21 10:51 AM
    hi All,
    I am on AP/EAD and need to Transit thru Paris in February. I have a confirmed return ticket and my visas have expired. I am currently in India.I called VFS and they told me that I do not need a transit visa however when I emailed them they responded by saying check with your Airline. I am trying to email the consulate in Mumbai but keep getting bounce backs.
    However I found links on the Atlanta and Washigton consulates that say that I need a visa.

    http://www.consulfrance-atlanta.org/article.php3?id_article=827
    http://www.consulfrance-washington.org/article.php3?id_article=383

    Has anyone returned to the US recently on a Advance Parole and expired Visa? and did you need a Transit visa? It would be great if you can tell when you returned. Immigrationvoice seems to be the only place where I could possibly get some real answers.

    Apologizes if this thread is under the wrong category
    Thanks
    Radhika

    As far as I know, transit visa is required in case you do not have a valid visa/ citizenship for the departure country. So, if your visa has expired on passport but have visa approval/ or other documents to support AND you are traveling from US to India via France then you would need France airport transit visa.

    However, in your case, since you are Indian citizen (I assume) and traveling to US via France you do not need a airport transit visa.

    The logic behind this weird rule is that in case you are stuck in France for some reason and they want you to go home (deport) then you should have valid visa/ citizenship to the country you came from.

    Otherwise, none of us (Indians or other nationals) would need a transit visa to Europe going from US - India as we have Indian passport.

    Hope this helps. As you know you can always check with airlines/ consulate to make sure you are good to go.


    ~ happy travel



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  • Siboo
    07-09 10:41 PM
    DOS issued one more bulletine today on 9th July 2007 !!!!!!!!!!!!!

    Everybody is seriously waiting for some update, you are just making fun of us. :mad:

    When you write something in the forum, write with proof. Otherwise keep it with your own family...

    Thanks





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  • walking_dude
    12-05 12:45 PM
    FBI Namecheck isn't exactly an immediate issue for me due to colossal backlogs. Yet clearance of the backlog may be meaningless if a person happens to get caught in the FBI backlog instead !

    Here's my E-mail to ACLU Immigrants rights project -

    ------------------------------------------------------------------------------

    Thank you for taking legal actions to fix FBI Name check delays for Immigrants

    http://www.aclu.org/immigrants/gen/32422prs20071029.html

    Kudos for taking actions to protect Immigration rights. As a future Citizenship applicant I'll surely benefit if this inhumane bureaucratic mess would be fixed.

    FBI Namechecks aren't limited to Citizenship applicants alone. There are countless Green Card applicants stuck in the FBI backlog too. Are any legal actions being planned to help them too?

    Thanks & Regards,
    xxxxx

    --------------------------------------------------------------------------------



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  • drak70
    10-01 11:05 AM
    USCIS treats g-28 form so seriously that always requires it in original. In the form is a column
    =======
    PURSUANT TO THE PRIVACY ACT OF 1974, I HEREBY CONSENT TO THE DISCLOSURE TO THE FOLLOWING NAMED ATTORNEY OR REPRESENTATIVE OF ANY RECORD PERTAINING TO ME WHICH APPEARS IN ANY IMMIGRATION AND
    NATURALIZATION SERVICE SYSTEM OF RECORDS:
    (Name of Attorney or Representative)
    THE ABOVE CONSENT TO DISCLOSURE IS IN CONNECTION WITH THE FOLLOWING MATTER:
    =======

    Which is plain English is your authorisation under PRIVACY ACT OF 1974 for your attorney to represent you

    I would assume that you send a certified letter/fax to an attorney telling him that you no longer represent him in any way under PRIVACY ACT OF 1974.period. with copy to USCIS

    I think no attorney can continue to represent your interest once you tell him not to without proper authorisation.(it will invite sanction from the Bar and USCIS




    ============not a legal advice===========





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  • Daisy
    05-25 04:35 AM
    Fax sent



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  • crazyguy4u
    07-16 07:49 PM
    NO, u cannot apply, unless you want GC as principal applicant only





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  • ak27
    08-15 11:10 AM
    Hello,

    I have filed for conversion and have been waiting since march 28th. It has been over 4 months and I am yet to hear anything. If you work for large organization then Atterney is going to scare you about possible fallout from denial. My Atterney did scare me but my job description remained exactly same so I am confident case will not be denied. However, it is painful wait but it may be worth it if there is going to be any retro relief in near future. I will post as and when I hear about my case.



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  • godbless
    11-01 02:56 PM
    My brother is a Physical Therapist. His employer filed I485/I140 concurrently last week. His I140 was not filed under premium processing as the employer said that it is a waste of money as the GC will not come in a months time ( as the retrogression took place from Nov 2006). But then would he get his EAD or not? Any thoughts please?





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  • hoolahoous
    10-30 05:28 PM
    Cash payments that have been earned, such as Title II Social Security benefits, government pensions, and veterans' benefits, among other forms of earned benefits, do not support a public charge determination.
    Unemployment compensation is also not considered for public charge purposes.


    that settles it. Receiving Unemployment benefits is okay on AOS.



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  • nonimmi
    05-30 02:52 PM
    I haven't come here for a while and don't know what's happening here. Several weeks ago, we said we would be happy if congresses pass CIR. How come we don't want CIR to be passed now?

    Gotta clear backlog Ma' :D





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  • rbalaji5
    11-16 03:54 PM
    Thanks for the information.

    I heard that Mexico does not require any visa for the short-term trip. I doubt If I go by road, will they take my current i-94 at the border and give new i-94 while coming back.





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  • reachinus
    07-30 10:18 AM
    Can some one please confirm. I hope I am not confusing everyone here. I am filing my I 140 now, I want to be sure that this is safe.....

    thanks for the kind replies...
    Yes is surely possible. To get a reply from the appeals process takes years. What your lawyer suggesting is a good option. Hope you have strong points to over come the cause of the last denial. In case is was due to ability to pay, make sure you are getting paid atleast the Prevailing wage and submit that pay stubs that prove the same.

    Best of luck with your filing.





    vverma17
    08-19 06:44 PM
    Jingi I might not be able to help you, but I am also expecting RFE for my wife. Just anxious to know what was you RD and at which Service center.





    nixone
    08-21 06:10 PM
    Is it legal to work overtime when you are on H1B? I have been working more than 40 hours a week ever since I got my H1B (about 5 hours overtime per week on average). They pay me time and half for the hours over 40.

    The reason I ask is that I need to send a couple of paystubs as my parents are travelling to the US soon and I do not want the guy at the port of entry make a bid deal of my overtime hours (if he looks at it and finds out, which I doubt).

    The person that stamps your passport and I-94 at the port of entry, is he an immigration officer or who is he? I am writing a letter for my parents to carry with them to show that person if asked for it and not sure who to address the letter. Thanks.



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