Friday, June 10, 2011

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  • hazishak
    08-01 09:18 AM
    Anything you will take for your H1 stamping + documents to prove that she is your wife. Her H4 status depends on your H1 status, your relationship and your ability to support her.

    Thanks for your reply, but she will go alone for stamping and we have applied I-485, ap,ead on july 2nd. so is there any problem for visa stampling if our I-485 is pending.




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  • virginia_desi
    05-15 12:15 PM
    Thanks for your reply.

    My understanding is there can be only one AOS at any time.

    - So if the AOS is applied based on the EB3 140, can another AOS be filed based on EB2?

    - If a AOS has been applied based on EB3, can it be "upgraded" to EB2 ??

    Thanks.

    There can only one AOS as the main beneficiary. You can have another AOS where you are a dependent or may be a family based AOS.

    Once AOS is filed under EB3, it can't be simply upgraded to EB2.

    However, what happens if one gets a RFE on I-140 and there is a pending I-485. Are you allowed to refile using EB3 approved petition if the dates are still current for EB3?




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  • bfadlia
    03-22 09:51 AM
    may be two weeks later than the website indicated, but i got the approval.




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  • sree_99
    02-03 11:54 AM
    Thanks Everyone, Your comments are really helpful. I was able get hold of my attorney and he mentioned the same thing as most of you replied. She should come back on AP.

    Thanks



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  • Vet04
    12-08 12:47 PM
    " kumar1" - What has salary to do with questions or coming to forum? Sorry,I didn't get your point here. I have seen people post all sorts of questions and problems in this forum.

    Thank you very much for the time to write your views though ,specially the cons, I would definitely like to know the cons too.

    thanx sri, lord and smisachu for the answers.




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  • tonyHK12
    01-06 01:35 PM
    Yes I always thought DV lottery was a scam which does nothing to increase diversity.
    Yearly 50,000 lottery winners without any skill requirements get a GC, Also only about 50,000 high skilled immigrants with their family get a GC.
    great so these two are equally important, lottery and high skills.
    Of course maybe EB2 and EB3 got their degrees and US jobs by luck and gambling without any skills.
    Life is also always about both skills and luck
    so it makes sense there should be a 50,000 Green card lottery too.
    looks like a tough road for this Bill.

    PS: 1 EB immigrant = 2.25 visas



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  • mpadapa
    10-09 12:56 PM
    Please provide additional details regarding U'r labor like EB1/2/3

    GC approval process is a long process, U just started U'rs. I don't understand whatz the panic..

    Pleaseprovide appropriate titles when U create a thread...

    I came to the USA on 3rd November, 2006 in company A. I did not work a single day in company A. I joined to company B on 17th January, 2007. I have no idea how my employer filed my H1B in company B without any paystub. I joined to company C on 24th July as they started my GC process right away. My H1B with company B and C are still pending. Company C has filed my labor on 31st August and got approval on 11th September. I am planning to file I-140, I-485, I-765 and I-131 together. So my questions are:

    1) Is there any possibility to get denied/RFE for my GC as my last two H1B are still pending ?

    2) What are the risks to be considered if I go back to my country and come back on AP as I don't have a visa stamp on my passport ? I am from a non-retrogressed country.

    3) I heard that it takes too much time to bring spouse here if I marry after GC approval. I am planning to go back and marry and come back but don't want to bring my future wife on H4. Will it help me later to avoid unnecessesary waiting time to bring her here once my GC is approved ?


    I shall be thankful to you to get my answer.



    Thanks & regards,
    SU1979




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  • Dhundhun
    09-02 08:47 PM
    Folks,

    Due to the priority data transfer issue my I-485 application was rejected in June'08 (submitted based on June'08 visa bulletin).

    As part of my application necessary medical exam tests were conducted in May'08. If I were to submit my application today based on the new visa bulletin do you think I need to take all medical exams again and re-submit? Won't the first set of medical exams have any validity?

    Also, on the forums there is a talk about medical forms being changed? Can anyone confirm?

    Thanks in advance for all your responses.

    As I remember, the validity is one year.



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  • perm2gc
    12-22 06:08 PM
    Efren Hernandez III, Director of the Business and Trade Services Branch at INS in Washington, D.C. announced in late December 2001 that the INS does not recognize or provide any "grace period" for maintaining status after employment termination. Mr. Hernandez explained this strict interpretation by reasoning that there is no difference between H1B holders and other non-immigrants, like students, to justify a stay in the U.S. beyond the explicit purpose of their admission. Mr. Hernandez admits that this may cause hardship to some terminated or laid off H1B workers, but believes that the INS position is legally justified.

    Although the INS' strict interpretation of the law may have legal justification, the result to others seems harsh and unreasonable, considering the fact that the lay off or termination is completely beyond the control of the H1B worker. This strict INS position may also appear to be contrary to the purpose of allowing H1B workers admission to the U.S. since they helped to fill a critical need in our economy when the U.S. was suffering acute shortages of qualified, skilled workers. Perhaps, it would be more fair if the INS were to allow a reasonable grace period, perhaps 60 days, as mentioned in the June 19, 2001 INS Memo.

    H1B workers should not be equated to other non-immigrants. For example, H1Bs can be distinguished from students. Students, in most cases, have exclusive control over whether they can maintain their status. Generally they determine whether they remain in school and satisfy the purpose of their admission to the U.S. If they choose not to remain in school, or they do not maintain certain passing grades or do not have sufficient funds, then they are no longer considered to be students maintaining their status and should return to their home countries. On the other hand, H1B workers enter the U.S. to engage in professional employment based on the needs of U.S. employers. They do not have exclusive control over whether they are laid off.

    Although we are in a soft economy with massive employee cutbacks in a variety of fields, many of these H1B workers are able to find new employment within reasonable timeframes. Some companies, at least, are in need of these workers. Salaries have dropped in many cases and recruitment of workers from outside the U.S. has significantly slowed; but, to a large extent, the need for these existing workers remains. It would benefit U.S. companies and suit the purpose of the H1B visa program to allow a reasonable grace period for these laid-off H1B workers to seek new employment within a realistic time frame.

    Adding to the woes of H1B workers, Mr. Hernandez addressed the issue of extensions of stay following brief status lapses. In short, the regulations require that an individual be in status at the time an extension of status is requested. Failure to maintain status will result in the H1B petition being granted, if appropriate, without an extension of stay. No I-94 card will be attached to the approval notice. Instead, the beneficiary will be directed to obtain a visa at a U.S. consulate in a foreign country and, only afterward, will return to lawful H1B status by re-entering the U.S. Although INS has a regulation that allows the Service to overlook brief lapses in status, extraordinary circumstances are required. Mr. Hernandez stated that even very short lapses in status are not justified in the context of terminated H1B workers, absent extraordinary circumstances.

    Mr. Hernandez specifically negated the existence of a ten-day grace period following employment termination. There are ten-day grace periods allowed in three other instances. These are (a) the H1B worker can be admitted to the U.S. up to 10 days prior to the validity of his/her petition; (b) the H1B worker has a ten-day grace period following the expiration of the period of admission; and (c) in the case of denials of extensions, the H1B worker is given up to ten days to depart the U.S. Unfortunately, termination of employment is not covered by any of these exceptions. Some find it hard to see why a terminated H1B worker should be treated any differently from the H1B worker whose period of H1B admission has expired. There is far less warning and predictability in cases of layoffs or of other terminations.

    Rumors are also circulating about a 30-day grace period should INS deny an H1B petition or extension of status and require the person to depart the U.S. There is also a 60-day time frame, proposed by the INS itself in the June 19, 2001 Memo, analyzing the American Competitiveness in the Twenty First Century Act (AC21). In this memo, the INS discussed the law allowing a person to be eligible for H1B extensions beyond 6 years if the person previously held either H1B status or had an H1B visa. The INS surmised that the law envisioned that one who previously held H1B status should be entitled, possibly up to 60 days, to the benefits of that section of AC21. Efren Hernandez clarified that none of these grace periods applies in the case of an H1B worker who is terminated or laid off




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  • cox
    October 23rd, 2005, 08:59 AM
    Hi Michael, nice shots. It's easy to see that you brought the discipline and hard work of your nature work to the studio. What was your lighting setup? Flash? strobes?...
    Thanks, Kevin. I'm somewhat embarassed, as I did not use any lighting setup, so your attribution of hard work is, I fear, a little misplaced. I have this house with full floor-to-ceiling windows, and was using natural morning light, diffused by the fog that has hung over the bay for the last week in the AM. I used the camera's meter, either spot or center weighted, with manual bracketing when I thought that was insufficient, as was the case with the wreath & red roses.
    ...I would be interested in knowing the shooting parameters of these shots, what lenses used, etc...
    I was using the 1DMII, and three lenses; the 50mm f/1.8, 100mm f/2.8 Macro, and my newly purchased 16-35mm f/2.8L. Most important was the Manfrotto tripod that allows nearly infinite positioning flexibility. As I said before, I made a cheesy PVC pipe frame and welders clips to hang backgrounds (<10 min fabrication time, <$10). All cases used low f stops, 2-6, & long exposures at low ISO for better quality. I was using the low f stops to help hide the imprefections in the background and give the soft focus effect the customer is looking for.

    Good luck! I'm off to the Islands for a week.
    I hope islands far from caribbean hurricanes!!

    Thanks for the input, all. I suppose that I ought to look at getting some lights... Since I was using natural light, we (customer & I) didn't finish yesterday, and I will have to do the last pieces today (about 2 dozen total). That will also allow me to go over contact sheets with her.



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  • suren26
    07-24 12:54 PM
    My LAWYER is saying the same that i am leagal till FEB 2010(compelting 6 yrs). He is asking me to renew the H1B for 1 year based on I140 appeal. and apply for new LC & and I140 based on that and if it gets approved then rebew H1B for 3 yrs based in new approved I140.

    But some threads are saying that if you I485 gets denied then you have to reinstate the H1B, Is that true?




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  • fromnaija
    07-20 04:43 PM
    If your friend maintains H status, she could bring her baby back on H4 visa.

    Same question. My friend is pregnant and wants to deliver the baby in India. They have filed for AoS now. Howevr they are not sure how to bring ther baby in if they deliver in India.



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  • karthiknv143
    01-02 03:03 PM
    Shouldn't be a problem. Infact I have done that. I travelled on H1 in Dec '04 when my H1 was to be expired May 2005. Did not have any problems.

    But make sure to consult your lawyer/firm before you travel.




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  • marlon2006
    06-13 03:22 PM
    Hey Renata,
    It was struggle with my wife;thanks God she got the EAD more than a year ago. Therefore she is working now and a little happier. I am also OK in my current work. The problem is that I have missed more than 4 job offers that would allow further career growth and potential much better rewards.

    Since my wife couldn't work, we had a baby back then.

    Tell me, which country in Europe are you from ? I have a very good friend of mine who is Italian. By the way, if you are in the Seattle, WA area, feel free to come over and join us. We get together for good wine, lasagna, "churrasco", etc pretty much every weekend with our Italian friends. The way I see it, is that while we wait for this insane visa bulletin advancement, at least we should allow ourselves to drink a good wine and eat nicely :-)


    South of Brazil sounds good to me but my husband is not open to it and he is the one who is Brazilian :rolleyes:
    He is much more in favor of Europe and since I have EU passport we can basically live anywhere and he would be able to work the next day :D I feel like I have put so much effort into this by now that I'm not walking away this close. We will hang on and make decisions once we have GC and options to chose. You are so close! Don't give up now after waiting so long! Is your situation at work that bad? Is your wife working?



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  • cbpds
    10-14 06:52 PM
    Not sure how its good news, it is good for USCIS as they will get money for pre-registration while we do not get the EAD till the priority date becomes current.

    It will not compel them to make dates current when they need money by allowing folks to file 485



    Sakthisagar & RSM144 many thanks for posting, the spring document has a target date of Oct 2010, I believe there is a chance of this happening sometime with the fee increase, they will have a fee for this. Hope this rule comes into play it is good news for us.




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  • Vitriol
    04-13 09:12 AM
    Gurus, your inputs please: Can I take up a position in India with an American Firm while on H1B?



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  • Eternal_Hope
    05-11 11:20 AM
    I second that. Use their tool to send your own letters.

    We are already discussing this on the "Media Drive" thread.

    Use one of our IV template letters and send it to the Media.

    Let's do this today!


    It is just a TOOL to write to senators! No one force you to use their template, and you can and SHOULD write you letter!




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  • sieger007
    05-17 12:53 PM
    Hi Folks
    1 ) I just read that EB2 has retrogressed to 2000.Now IF I ALREADY FOR 140 APPROVED AND IF I GOT EAD ALREADY does that Labor filing priority date apply to GC too ?
    2) I got EAD and I am waiting for my GC.My 140 Is also approved .
    I filed under EB2 and I got AP and EAD Card Nov 2008. Since then I am getting all paystubs ( from Aug 08) from the sponsoring employer. I left this employer in 2006 and joined him back in Jan 2008.
    I believe I applied via NE Processing Center.
    How long before I get my GC.

    3) From Nov 2006 to Jan 08 working in India and come to US on B1 and returned back to India. Jan 08 continued with same employer.Would this cause problems with my GC.
    What about the FBI name check thing - is that going to cause delays
    4) BY W2 SALARY IN 2008 IS ONLY SOME 38K AS , I WORKED AUG 08 ONWARDS ONLY. BUT JAN 09 ONWARDS I AM ON PROJECT GETTING FULL SALARY.
    CAN U PLEASE LET ME KNOW IF THIS TOO WILL FACTOR MY GC .

    MANY MANY MANY THANKS.
    DHANYAVAAD
    Please somone reply
    Thanks
    Sam




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  • GCBy3000
    04-15 06:35 PM
    I have been in this situation but my work location changed more than 100miles within the same state. My attorney asked me to start another labor.

    1. If you think that you will move back one the 485 is adjucated, then you dont have to worry. OTherwise, you have file a new labor. Atleast you are safe since your 140 is approved. You can port your PD.

    2. If it is within few miles then it should not affect. Still you have to check with your attorney. Few miles sometimes puts you in different couty or state or even in different country. So the term "Few Miles" is relative one and it is better to check with attorney.




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    srinivas_o
    05-08 02:27 PM
    I am also in the same boat. If the current employer does not like me to move to a new position, is there anything the current employer can do stop getting GC?

    My I-140 approved and I-485 is pending more than 180 days and priority date is Aug 2004 (EB3).

    I got a good offer and want to leave the current employer by shifting to EAD from H1. What would be the worst case scenario the present employer can do to stop getting GC or what else I might need from him in the future regarding GC processing?

    Gurus, please help.



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