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shishya

04-30 11:18 AM

Hi,
I am lost trying to find information on this.

Here's the situation for adding my wife to my I-485 application (we are from India). We DO have her 100% correct birth certificate we got issued last month.

However, since the issue date on it is April 2011, our lawyer insists that we need affidavits from her parents as well (perhaps to avoid RFEs). Further the lawyer insists that the Foreign Affairs Manual for India states that these be sworn in front of a first class magistrate of India.

When her parents went to the local court and request the first class magistrate, the court officer is demanding that we have a sealed copy of the requesting authority (USCIS) that clearly states that a first class magistrate's signature is required!

Questions:
(i) Is the affidavit supposed to be sworn in front of first class magistrate? Even if we have a corrected birth certificate?? Or can it be signed by an 'Executive Magistrate' or maybe even just notarized??
(ii) If yes, did someone else face a similar issue?
(iii) If yes, is there a USCIS document I could send to satisfy their demand?

I did try to find a USCIS document but all it states is that ... IF the birth certificate is unavailable ... then "sworn affidavits" need to accompany non-availability certificate from a competent local government authority.

Please advise :(

PS: FYI, they went to the Palghar court in Maharashtra, India.

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akhilmahajan

05-24 07:49 AM

U r absolutely right........ i have heard ppl saying they are willing to transfer H-1B's but they say they wont process GC............. This is just un believable.......... I guess the whole idea is to recycle ppl after every 6 years..........

Hello,

Last 3-4 years after India and Chinese economy started booming I have seen that many Indian companies (Infy/wipro/pcs) do not apply for Green Cards for all thier US employees. They file GCs for KEY employees and marketing guys.
Most of the Software engineers work for 3,4,5 years and go back.
I recently read somewhere that Infy/wipro although applied for 20K H1 visas only applied for less than 100 GC last year.

Have you seen this trend?

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smsthss

02-18 10:39 PM

Has the LC/PERM been approved based on EB2 is the question? IF yes, you should also try for it and ask your employer.

The new eb2 perm has been applied and pending.

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vik_tx

11-27 04:24 PM

how do you contact them? whats the ph. number?

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cjgirish

02-06 02:13 PM

Hello All,
I am in a very sticky situation, my labor is pending @ PBEC with priority date of Jan'2004, which is Non-RIR and filed under EB3 category, based on which I have been getting incremental extensions of H1B (I am already in my 9th year by now). At present I am in the process of changing my filing type to RIR from TR and I was hoping to change the category too from EB3 to EB2, but my employers did not support me since they cannot pay the prevailing wage. I know I can still switch jobs, provided I transfer my H1B (which is valid till Jan�2008) and the new company files my GC immediately, so my questions to fellow victims of PBEC is
� How can I retain my old priority date?,
� Does the job descriptions filed with old labor have to match with job descriptions filed in PERM?
� It will be very tough, since I have almost 12+ yrs of exp in the industry, but my present employer is taking advantage of my situation and he is paying me peanuts, just because he does not want to pay me more, they have filed the papers as EB3. So while filing labor under EB2, can I still maintain my old priority date.

Please guys/gals help me out, I am not sure what to do, since I have already spent almost 3K$ on my GC and If I will be stuck with my employer at such low salary after my labor & I140 gets approved because of the retrogression it will be disaster. So I was thinking it would be better to be stuck with employer, who at least pays me decently and if I can retain my old dates it will awesome.

Regards,

CJG

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Band members: Eric Mahoney,

jayleno

07-23 10:46 PM

Thanks for the post. I did a search and I got some results. Looking at the results and the name of the site I felt there is a typo in the name.
It should have been stalejobs.com instead of scalejobs.com. If you are remotely associated with the site here is my disclaimer:
I'm not a judge so please do not take my judgement seriously. No offense nor pun is intended in my post.

I came across a good job website and it looks like lot of interesting features than todays job sites.

www.scalejobs.com

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dc2007

03-25 11:29 AM

Hi All,

I got my EAD in Oct. I-140 is approved and I-485 is pending in EB2. My wife has got SSN on her EAD, my daughter is still on H4.

I am working on H1B with the same employer who processed my H1. Now, I got a new Job and I still have 3+ years years left in 6 years duration of H1 period.

My question is:

1. Can I transfer my H1 to new employer, without affecting my GC process ? I have good relation with my employer and they can hire me back if I want any time later.

2. As 180 days have passed, I can work on EAD also with new employer. Which is better option - working on H1 with 3+ years remaining in H1 or working on EAD ? Money is not an issue here as my new employer will take care of that.

3. My daughter is still on H4 but my wife has used her EAD. Once I transfer H1 to new company, what things should I care of, like:
(a) I have to transfer H4 for my daughter also ?
(b) What about H4 of my wife ? - She has valid H4 stamped on passport and took SSN also based upon EAD.

Thanks
dc

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meridiani.planum

07-09 01:09 AM

I believe you should be using your EAD + AC21 after 6 months of filing 485.
did you check elsewhere in the forum, I have seena lot of communication about it before here.
All the best !!

you can use AC21 with H1 transfer also. Using EAD is not mandatory.

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vdlrao

05-11 12:35 PM

Where is the bulletin. :rolleyes:

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p_kumar

12-07 03:42 PM

Does USCIS usually says this. i assume it should say "AP approved " or something similar. Have anyone seen this message on tracking your online case status.

Thanks for any info.

Regards,
MK

Hope i am wrong but that looks like a denial.

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sledge_hammer

03-15 03:51 PM

Good find!

Has this issue been discussed in an other thread already?

Murthy.com posted this topic

Proposed Changes to I-129 Would Affect H1B & Other Employers
MurthyDotCom : Proposed Changes to I-129 Would Affect H1B & Other Employers (http://www.murthy.com/news/n_cha129.html)

I believe this topic hasn't been discussed on IV. Looks like the proposed changes are going to make lives of Consulting company employees much harder. Thoughts from IV members?

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ss2005

05-19 11:41 AM

If your company pays for there own lawyer then go ahead and change it to new one. As the response from lawyers will be fast. And you can avoid big expenses if you retain earlier law firm. Keep in mind Lawyers charge for each and every thing they do.

I did this and recently gave G28 for new lawyers. (But when my H1 was transfered new company lawyers goofed up the office address and I have not yet received I797 any how this is a different story. Planning to apply for a copy)

Why I am reluctant to go with new guy is due to EVL content.

Old guy knows abt the case and prepare the letter accordingly.

My concern is...if I retain old guy... Is it legal to pay expenses from my pocket?

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Dipika

09-16 10:03 AM

i am in same situation. i applied for employment base in Dec 2004 and family based in May 2006 through my sister. Rightnow i'm on EAD and my sister based F4 category have priority Dec 2001.


You can apply in both category. when i was filing 485 (EB3), there is question if any other 485 petition is pending? The answer is "NO" even i have applied (I-130) under Family based GC. My lawyer said filing I-130 (for family based GC) is not consider as another petition (485) for GC. So it is ok to apply in both.

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j751

07-05 09:36 PM

Thanks for sharing that. Indeed, I received a transfer letter too, transfered to TSC...

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mk26

04-25 03:42 PM

All,

I recently came back from India, and got a new I-94 at port of entry, but later I noticed that CBP officer added 10 more days to my I-94 expiry(it may be a mistake by the officer)

Do I need to worry about this? any advice/suggetion?

Thanks -MK

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ivar

03-02 09:08 PM

Looks like there is a huge backlog of perm applications. I am not sure if they will look at your application anytime soon. If your application is pending more than a year at least you could apply for extension of H1.

It will be delusional on our part to think that perm applications will have an easy approvals.

Stuggling to get a PERM approval since JUN 07. For a moment if i just forget about this PERM, What are the chances that my H1b Extension will be approved without any problem? My situation is I have completed 5 years and 4 months on H1b. My visa expires Mar 2010 and my 6 yrs term expires in NOV 2010, out of USA stay of only one month. I switched only one employer after coming to US. With the new employer since Mar 07. Will there be any problem with H1b Extension till OCT 2010

Thanks,
R.

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slammer

10-01 08:31 AM

We would really like to join you but we're still in Canada ? Our case is completed, we're WW EB3 - but we go through CP, so we have to wait until we're current !!!

Is there really no one out there residing in KY ???

Rita

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nhgc

02-25 06:37 PM

I recently found out that someone had stolen my credit card information to purchase items online. I have since then closed that credit card and went ahead and put a fraud alert for 90 days on my credit report. I don't believe my SSN was stolen, but I want to check my credit report and also for protection have the alert so that no one tries to apply for loans etc. using any of my information.

Will having the fraud alert have an impact on my 485 filing in any way? Let me know what the best process is to handle this if it does have an impact on 485 background checks, and pending green card approvals etc.

I have no criminal history.

Thanks,

ROW
PD 4/1/2004
485 Received Date 7/27/2007

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gk_2000

03-03 07:22 PM

New found childhood lover :-)

Boo hoo sniff sniff

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uimv

02-11 06:07 AM

Please reply/share experience.

What is minimum duration at which one must get paid at I-140 rate after GC? (after which rate can safely be lesser)

Thank you.

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arian2002

10-02 10:29 AM

What is your Lawyer's reply to the mess he created?

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