суббота, 18 июня 2011 г.

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  • raj2007
    02-18 01:36 AM
    Folks,

    I need to invoke AC21 at the earliest. I have applied my 485 and I-140 concurrently on Aug 17th. It has just been over 183 days. My 140 is still pending. Due to some reasons, I have to leave my current employer immodestly.

    I know there has been lot of threads discussing about risks involved with using AC21 without approved 140. But I do not have an option at this point. My PD date is Nov-2004 and the way I-140 's are being processed, it is going take at least couple more months before I can expect my 140 approval.

    I have the following questions:
    1) I read in Aytes memo, that if it is over 180 days, they would check for evidence that the case is approval or would have been approval had it been adjudicated within 180 days. Now, if the USCIS sends an RFE for 140 after 180 days, would it still go to my old firm's attorney? If yes, then how would we handle this scenarrio...

    I work for a Big 5 Consulting firm and ability to pay should not be an issue. As far as my education is concerned, I have Bachelors in Computer Science Engineering from India and a MS in the same field in US...My experience matches the labor cert. requirements. What are the chance that I might get an RFE? I filed my application at TSC



    2) Also, if the 140 is approved, it would go to my old company's attorney..right? How would I get a copy of the same.
    To your old employer

    3) If I invoke AC21 using my EAD and in the worst case scenario, if my 140 and 485 is rejected, can I then transfer my H1B to an other company (I still have some years left) or will that be a problem because I was not on H-1b at that time?

    For invokig Ac21 doesn't mean you have to use EAD..you can transfer your h1 to new employer.
    Would it be treated as a new application where in I have to try to get into the quota or it would just be a normal H-1b transfer...

    Also, I'm looking for a good attorney to help me invoke AC21...Please advise!

    Gurus... please help me with your suggestions.
    chk above




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  • johnggberg
    08-10 12:55 PM
    close this thread please




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  • reddymjm
    01-31 01:35 AM
    Check your meter reading, report it. Call your Landlord to see if the whole building or apartment complex is connected to your meter.




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  • ch102
    02-10 10:14 AM
    We don't need CIR..... CIR for illegal

    We just need GC without asking anything after working 10 years legally with paid all tax without hopeing for Social Security.


    Everyone knows our problem don't get into CIR it will ultimately heart us and delay our GC if you are not aware of 245i which still in our way and it is for illegal immigrant.

    Dont worry CIR will not happen !!!
    The Oh Law Firm (http://www.immigration-law.com/)
    OPM Notice indicates that the federal agencies will again remain closed today. USCIS Washington Offices will also remain closed today.
    The House passed a concurrent resolution, H.Con.Res.235, yesterday to recess until 02/22/2010 (President's day), which the Senate is likely to concur today. It means no legislations for almost two weeks, zippo! Who said there would be a CIR 2010 legislation!? Dream on.

    *****************************
    Time is running out (http://www.immigration-information.com/forums/pending-immigration-legislation/10201-time-is-running-out.html)

    Time is running out
    As of today, there are at most 76 legislative days left for the Senate until the Labor Day recess. Since this is an election year, it is likely that Congress will adjourn shortly after Labor Day in order to allow members to campaign for re-election full time. So, at most, we have 76 legislative days left for the Senate to consider CIR.

    As a practical matter, it is more like 30 legislative days until the clock runs out for CIR. By legislative days, I mean days that the Senate is in session. They take weekends and holidays off, as well as "district work periods." Also, they are not in session every day of every week.



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  • newbee7
    07-05 01:00 AM
    Although USCIS stated in its 2006 Annual Report Response (at p. 8) that it provides detailed data to DOS, the tri-agency group identified gaps in USCIS’ data. Through these discussions, the Ombudsman learned that accounting and processing methods differ at the Nebraska and Texas Service Centers (where USCIS processes employment-based petitions).




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  • wandmaker
    07-23 07:44 AM
    All,

    I feel that those who concurrently filed I-140/485 in July 2007 are very lucky!

    Here is my situation -

    Previous Employer -
    EB3,PD-Jan'04,I-140 cleared. Switched in June 2007 and wasn't able to file I-485 in July 2007

    New Employer -
    EB2, PD-Dec'-07, I-140 (Feb'08 - pending)

    Question -

    Based on Jun'08 Visa bulletin the dates for EB2-India were at Apr'04. Filed for I-140/485 based on my old priority date for EB3 labor (Jan'04). Explaining USCIS for PD transfer.

    Well, folks at NSC did not understand the PD transfer concept and send my application back. Unclear as to what do now. I guess need to wait until the dates for EB2-India reach Dec'07 such that I can file.

    Any "Creative" thoughts on how to approach USCIS moving forward.

    Thanks in advance for your replies.

    Aamchimumbai

    (1) you first will have to apply for 140 with porting request until it is approved the PD is not yours (2) apply for 485, if the PD is current. NSC folks did the right by returning your application because concurrent filing is not possible, if the 140 has porting request.



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  • lostinbeta
    10-28 10:21 PM
    Yeah, usually people look for credentials when finding a web designer.

    You know what you could try to do?

    Possibly create so mock sites to add to your portfolio to show people who are looking.

    Like they don't have to be for a real company, make something up, build a site and use that to show people.




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  • jlander
    January 7th, 2005, 02:59 PM
    I take macro photographs of gems and jewelry to be sold on the Internet. Currently, I use a coolpix 5000 and get some pretty good photos from it. I use a light box and different light sources (fluorescent & incandescent) to capture color and color-changes in the gems.

    I just bought a d70 and now need a good macro lens for it. I tried the promaster 100mm macro (I think it is the vivitar lens) and it didn't work to well for me. My 1:1 macro images are all under exposed and not as clear as I have seen. They are actually blurry when blown up 100% on my monitor. I use a good tripod and stopped down to f22 to increase depth of field. If I pull back a bit, the images get better, but then I don't have the magnification I need.

    I take the photos on extra white laser printer paper and most of the time, use indirect 5000K fluorescent lighting in a light box. I don't understand why my 1:1 photos seem to be underexposed. The white paper looks gray and the gem is dark and dull. Photos taken with my coolpix 5000 look great. The background is white, and the gems are lively.

    After my disappointment with the cheap promaster lens, I made the decision to purchase the Nikon 105 Micro, but when I called to order it (from expresscamera.com), they asked me why I was purchasing a 35mm lens for my digital camera. They suggested the Sigma 105mm EX DG lens and wanted to sell it to me for $650. They said that this sigma lens was better than the Nikon for digital cameras and that the Nikon would also take underexposed photos. This could be that they just didn�t want to sell me the Nikon lens for $500 and wanted to sell me a $400 sigma lens for $650.:mad:

    I need a lens that will allow me to blow the photos up to 100% on my monitor and they will be clear and the gem needs to look like a gem and not a dark crystal.



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  • Prashanthi
    07-30 06:25 PM
    My kids and I got our I485 (EB2 I PD 2005) approval in July 2008 and my wife's case was sent for Interview which we attended in December when they asked to redo the medicals. Medicals were submitted to them after which the case has gone "dead".
    Questions :
    1. What is the Immigration status of my wife during this time? Her H4 (which would have been nulled due to my AOS anyway) in December.

    She has Advance Parole and EAD but everyday we are worried about challenges ranging from not being able to buy life insurance for her at competitive rates (she has been declined due to THIS immigration status), Drivers license renewal coming up. We havent been able to travel freely as a family outside the country due to the fact that AP is for emergency travel only.

    2. What will happen to her case if something happens and I pass away while she is waiting?

    3. Do I have to wait for my earlier PD (2005) to become current again before she gets approval. The way it is going with retrogression my kids and I may get citizenship before she gets her greencard.

    4. Will writing to a congressman / senator help? It is really having a significant impact on our lives as a virtually "broken family".

    Your help would be much appreciated.

    First of all, lets hope nothing happens to you. At this time i suggest waiting, something might come up later this year or early next year with reference to making use of unused visa numbers, if this happens, your wifes date will become current and her I-485 will get approved. Unfortunately the petition dies with the petitioner. However in the case of family based I-130 petitions, The Attorney General may in his discretion reinstate the approval of your family-based visa. The Attorney General may exercise favorable discretion where "for humanitarian reasons revocation would be inappropriate." 8 C.RR. Sec. 205.1(a)(3)(i)(C).




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  • nlssubbu
    12-06 12:01 PM
    I asked my attorney the following question. His reply is in caps:

    Q) Is it true that I can enter US on AP and still retain my H1 if I declare at port of entry that I would like to use my H1? I would like to retain and use my H1.

    A)NO. YOU WOULD ENTER ON THE AP. THEN WHEN THE H-1B IS ABOUT TO EXPIRE, YOU WILL BE ABLE TO APPLY FOR AN H-1B EXTENSION. WHAT SEEMS TO BE A GREY AREA IS THE EXACT STATUS AFTER THE I-94 THAT IS ISSUED BASED ON THE AP EXPIRES, AND BEFORE THE H-1B IS READY TO BE RENEWED. YOU CAN'T TECHNICALLY APPLY FOR AN EXTENSION OF AN H-1B UNLESS IT IS WITHIN 6 MONTHS OF EXPIRING.

    What is the feed back you guys have received from your legal counsels? Please share.

    I was in that status where my I-94 based on AP expired, but my attorney told me not to worry about it as my status is based on 'AOS'. I also had my H1B extended for 3 years after the I-140 approval, and they informed me the I-94 attached with H1B is still valid and not to worry.

    I also had not faced any issue while going out of US and my return as well.

    This is another grey area where attorneys differ and consult with them before hand, analyze the information provided before taking any decision.

    Thanks



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  • ganguteli
    04-23 09:24 AM
    Focus on your goal. Emotions may not take you there.

    If I am in your place, i wont argue with that lawyer. I will try to get full co-operation from that lawyer, and make him file another LC, after proper review from your side. Obviously you need support from employer also.

    It is your choice. And yes you can file legal case against law firm. But then what?

    Dude,
    Stop having a fake profile with fake dates.
    Fill a correct profile or not have any date in your profile.

    You say you got your Labor from Atlanta in 01/04/2004 approved. Perm was not even there in 2004.

    Current GC Processing Stage
    N/A
    Priority Date
    Before 2000
    Green Card Category
    EB2
    Nationality
    India
    Country of Chargeability
    India
    Service Center
    California
    Labor Type
    Regular
    Perm Center
    Atlanta
    Labor Approval Date
    01/04/2004
    I140-I485 Concurrent Filing
    Yes
    I140 Mailed Date
    08/02/2004
    I140 Filing Type
    Regular
    July 2007 Filer
    No
    Adjustment of Status Application Type
    Adjustment of Status (I-485)
    Application Status
    Approved
    I485 Approval Date
    08/06/2006




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  • ras
    04-02 09:05 PM
    My employer recd an RFE on Jan 8. The Requested Evidence is supposed to be provided in 12 weeks from the date of the RFE letter(Jan 8).

    I am told that my attorny didn't respond to this RFE. Is it 84 days which means till April 2nd is the deadline when it is supposed to be answered. If that is the case I crossed the deadline by a day or two.

    Can you experienced folks let me know if I crossed the deadline. Is there still a room to answer the ability to pay RFE?

    my employer said he would answer RFE (ability to pay) if some financial adjustments are made. Is it ok and make this financial adjustment so that he can responde to the RFE inspite of the 12 week deadline just passed.

    Will a delayed response for RFE for couple of days at USCIS does matter? Will they reject the evidence if they dont recieve in time?

    Is it better to wait till the I140 is denied and then open an MTR? How easy and practical is it to open an MTR and successfully plead for the I140 approval?

    Your early response helps me take a decision.

    I have already filed 485 based on this RFE pending I140. that will go waste if I140 is denied.



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  • bekugc
    05-07 11:29 AM
    coolest_me;

    a friend of mine had got same RFE as u back in 2005. he had gotten all the vaccinations properly, yet this came. it was just a error on the behalf of the surgeon perhaps. My friend had the doctor redispatch the document in reply to the RFE and it got accepted. the doctor did not charge any extra fee since he was at fault. this cud be just a rare /routine paperwork mistake. infact my friends wife dint get this problem, only the primary appln had this mistake.

    if u personally donot know the doctor, then take any receipt or printout from past visit to remind him that ur on his file and ur vaccination history ( if completed in thefirst place) can be located. you dont have to worry much according to me. also if ur PD is current, then its good news, ur appln is sorta woken up and once u reply to rfe u cud see +ve movement.




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  • kart2007
    10-17 01:16 PM
    Can someone also share the NSC fax number please?



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  • aadimanav
    11-02 10:22 AM
    I think since in their case there is not Labor Certification process so their PD is the day they file I-140.

    Internet - In either case, it helps EB3 for the next yr as these 61,000 nurses are removed from EB3 quota.

    Also I am wondering whether nurses also have PD or something like that. If most of them have PD > 2006 then they will not be able to use EB3 visas as it is retrogressed and stuck at 2001/2002.




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  • tinkugadu
    07-04 10:25 PM
    In General there is a big need of Talents in US, so If you go now I dont think they will dig details in your case. According to my recent study (As I went for stamping in April)they are just checking W2s or recent Pay stubs. So you should be fine.

    Just in case if they ask why you did not do MS and jumped to Job be prepare to give convincing answer.
    Good Luck.

    thank you all guys, i will probably take a attorney and i am also preparing my self to give a good answer if they ask.



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  • rajenk
    04-21 01:37 PM
    First of Change the subject of this thread. This is confusing to state that your I485 is already denied.

    To your question:

    1. NO you cannot continue to work on EAD once your I-485 is denied. EAD is based on the pending I-485, once that is denied there is no basis for EAD to be valid. You are out of status immediately after the denial.

    2. Opening MTR takes months, if you are lucky then it might be quick.

    Now a question to you.

    1. Why do you think your I-485 will get denied? I assume you have all the documents supporting your legal status in US and on job. If so you should not be worried.

    The safe bet:

    That is the reason why people maintain dual status with H1/L1. That helps in these kind of situations.

    Just my thoughts, better consult with a lawyer if you are in such a situation.

    Good luck.

    Raj




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  • Krilnon
    01-21 09:50 PM
    Okay, it turns out that my super-cool way of doing it would be more time-consuming than I thought. :P

    Anyway, here is a less-cool HTML page with a list of them all: http://reclipse.net/kirupa/fxpression09/entries.html

    Edit: In case you're wondering, glosrfc, I just used the first SWF in your Wormy Circles entry because all of the other entries only had one SWF.




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  • sss9i
    07-20 11:37 PM
    I am moving July 25th,07 from New York to Phoenix.
    Which address I should to give attorney to File AOS.
    She plan to file before July 31st,07.
    But so far we didn't found Apartment in Phoenix.
    Thanks in Advance.




    friend99
    10-09 04:17 PM
    Hi,
    I called up and spoke to the IO and asked him about the rejection of I-485 due to old fees and he defended that the application would be rejected without the new fee, I tried to explain him about the July bulletin 107 and that people who were on employment based category and whose dates were current should have used only the OLD FEES till August 17th, he did not agree about it and I did not force the issue!

    If the IO officers don't agree about the right facts how would the people who just check the fee! I am sure that is why my application was rejected!

    I am not sure what to do! Can somebody suggest anything!

    How to let those people know that when we applied in August there was a bulletin which said that we can apply with old fee!




    va_il
    12-18 03:25 PM
    With a EB3 PD of July 2002 from IN what can i expect after this May 1st hurdle being crossed.

    Any insight would be appreciated.



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