Friday, June 10, 2011

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  • subba
    12-27 01:02 PM
    I think it would better if we had a picture on the homepage that conveyed these points. That way most people will get the message even if they do not
    spend time reading.


    anurakt, thanks for the update.

    There is no information or caption on our home page that clearly states that this site/group is for highly skilled immigrants. We should come up with a caption that would convey this and also convey that its for all countries. We can add this beside the immigration voice logo.

    The caption should be catchy and should convey the info....some thing like "by the people and for the people".


    update: there is info about highly skilled immigrants on the home page but not sure if some people would have time to read these (especially those who just come in from other websites and might think this site is one of those immigration sites)





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  • funny
    08-13 12:41 PM
    Hi Folks

    I have 2 Approved I140's.

    EB3-I PD oct 10, 2003 - Approved - TSC
    EB2-I PD July 6th 2006 - Approved - NSC

    I filed my 485 on july 2nd 2007 - TSC

    RD July 2 2007
    ND Aug 16th 2007.

    My 485 is based on the EB3 I140, My lawyer sent a Letter to TSC on June 19 2008 request to interfile/PD recapture, I saw soft LUD on my 485/140/131/765 on june 23 2008 since then we have not recievd any +ve information about it. Now with the release of Sep 08 bulletin, My EB2 date is current by itself without without any interfiling/PD porting.

    I have called USCIS couple of times and every time i got the same old reply from them, "The IO will pick up the most favourable PD for your case." The sad thing is that the IO's are not touching the case. What are the options i have, Do you think they will pick up my 485 based on the Eb2 - 140 automatically since it has become current, Or it will still have to go thru the interfiling/PD Porting/PD recapture/140 amendment..../WHATEVER.

    Thanks





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  • desi3933
    04-06 12:43 PM
    By theoritical no problem, if you have credits equal to US bachelors and masters degrees.....

    Could you please share source/link for your assertion?


    .





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  • Anders �stberg
    October 25th, 2004, 01:51 AM
    I think #1 and #2 are problematic as there is a lack of contrast or color difference between the field and the fence, it takes a while to see what's in the picture.

    #3 and #4 work better, something interesting in the foreground and context from the background. Both have a slight tilt to the right though which is distracting to me. One rule of thumb is to work with thirds, the horizon in #3 cuts the picture in half which isn't wrong but many seem to prefer the 1/3 - 2/3 composition in #4. The foreground could be a bit sharper perhaps but #4 is my favourite of the four, nice picture.



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  • chanduv23
    10-29 01:28 PM
    Bump - come on folks, please provide feedback.

    We are glad that so many people turned out in huge numbers.





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  • ars01
    06-07 02:18 PM
    I'm in CA and my I-140 was approved by TSC (E-filing) and I-485 is pending at TSC (was filed at NSC initially).

    here are my questions, I need help on...
    1. If I file EAD now, where should I file?? TSC or NSC?
    2. If its NSC (since I'm live in CA), will this filing trigger transfer of case from TSC to NSC??

    who wants to be mess with NSC :)


    Thanks,
    Where you filed I-485 is not a criteria to select where the EAD application should be submitted (renewal or first time). Just check the state and supporting service center and file it there. I filed my I-485 in Nebraska alongwith first time EAD and AP. But now (as written in I-765 instructions), I need to file it in the service center that processes my state (Georgia). Hope it helps.



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  • gcdreamer05
    10-31 11:31 AM
    Hi All,

    I need urgent help and suggestions for my situations..

    I have been working with company A since March'2006. They applied my GC processing with substitute labor of Nov'2004 and got I-140 approved.

    In July'2007 applied I-485 which is pending for myself and my wife as well.

    EAD card has arrived recently with 2 years of validity till Oct'2010 both for myself and my wife. AP is also approved recently.

    With all this I am still on H1-B until 11/15/2008. Since it is going to expire, I have asked my employer to file for my extension.. They came up with very vague options and questions which I have posted down in bold with 1 and 2.

    1) We have filed your PERM application for the new position which qualifies for EB2. Please note that since you have an approved I-140, have filed your I-485 and have an EAD card, we will no longer need to maintain your H-1B status. Instead, we will withdraw your current H1 and save the remaining H-1B time left on this H1 for use in the future (if the need arises).

    OR

    2) If you wish to maintain your H-1B status, then (since your position has changed and we have filed a new PERM application on your behalf), we will need to amend your H-1B visa. Please complete the attached questionnaire at your earliest convenience and revert to me with a copy of your latest I-94 card. Please note that this is not an extension and so there is no need to file the H4 extension for your wife/family.

    Please advise which option you want to go with. I strongly recommend option #1, but it is entirely your choice if you want to go with option # 2 and maintain your H-1B status. Please let me know how you want to proceed with your H-1B status.

    If anybody come acrossed similiar type of situation or experienced already let me know and this would really help in taking the decision.

    It's very emergency..

    Thanks,
    Raj.

    Did you find out from your employer why they refuse to extend h1b , if you have pending 485, then you can still get a 3 year extension.

    Talk to them and find out why they are against extending h1b, may be it is their ignorance, or are they worried about paying the extension money i believe which is like 300$, in your best interest it is good to extend h1b than to use EAD...





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  • GTGC
    03-16 10:36 PM
    I am sorry to hear that they lost your papers. The same thing happened to me when we were filing our 485 papers in '05. This was just before the EB -2 retrogression....we had to mail in all papers including medicals before sept 30th.

    My lawyer sent all the papers but USCIS had a huge volume of applications come in before the pending retrogression and they lost my papers. We had the delivery confirmation, but they wouldnt accept the 485 papers, they only accepted the I-140 papers and I had to wait until the July fiasco to apply for AOS.

    I would suggest that you fight and get them to accept the papers, in hindsight I feel I should've fought a little harder and pushed my attornies a little more to get justice. Oh well hindsight is always 20-20!

    Goodluck!



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  • rajnag21
    07-22 09:09 PM
    Hi,
    Quick question here. Suppose the h1 receipt was not attached and the application was already sent by july2. Can we send in a copy of H1 extension receipt now ?
    My h1b visa expired in april 2007 and extension was filed in feb 2007. I94 also expired in april 2007. I am thinking as long as u apply aos application within 180 days of being out of status for any reason we are in status.
    Correct me if im wrong and add any info that you may feel is relevant..

    Anxiously waiting for reply





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  • lostinbeta
    10-05 03:50 AM
    Nice image:) How long have you been using 3dsmax?

    Not to put down your footer, but it does look very simple to make. It is just the concept of it that makes it very cool.



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  • buddyinsd
    02-09 12:41 PM
    Yet another self-destruct case...trying something stupid

    Court orders man to keep away from Facebook founder | AHN (http://www.allheadlinenews.com/briefs/articles/90033787?Court%20orders%20man%20to%20keep%20away%2 0from%20Facebook%20founder)





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  • rmutyala
    07-13 01:15 AM
    in hindsight, should have added that, and also a none-of-the-above. But hey its late and I am sleepy :)
    and 'All of the Above' too ;)



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  • saurin
    02-10 01:26 PM
    Thanks a lot, Ann.





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  • vsrajesh
    02-20 06:19 PM
    "The new company should first apply H1 for 3 years based your current approved I-140"

    Can someone pl clarify whether a "new company" can get a H1 extension for 3years based on an approved I-140 from "current company" (after 6 years completed on H1).

    It is clear that "current company" can get H1 extension for 3years based on an approved I-140 and a "new company" can transfer it, but is it possible for "new company” to get a 3 year H1 based on approved I-140?

    If yes, does the “new company" have to wait for H1 quota OR it doesn't come under H1 Quota?

    Thanks



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  • hoggus
    11-29 06:23 PM
    I am an F1 grad student - I was planning on going home this winter, and while there I would have to renew my visa so as to be able to re-enter the US.

    However, while filling out the forms to set up an appointment for the renewal interview, I remembered that I had a misdemeanor conviction (I pled guilty) for bad checks (this was a very long time ago, about 6 years - it was a bad time, I made some mistakes). When I say 'yes', on the DS-156 form, in response to the question regarding criminal convictions, how likely is it that I will have my visa renewed? Isn't is usually the case that consular officers are looking for any reason to deny visas/renewals?

    It seems like my only option is to postpone/cancel my trip, if I want to be able to come back to complete my studies.

    Any advice would be greatly appreciated.





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  • GCanyMinute
    09-10 08:42 AM
    I think you can port your PD, even if the employer revokes I-140 and uses the underlying labor to someone else. Even then you retain your PD. Just wanted to correct.

    See this Q&A from Mathew Oh:

    # Q8(07-30-06): I and my wife are Indins. I am a software engineer and my wife is a M.D. I started a EB-3 labor certification through an Indian IT consulting company in Texas on March 2, 2001. Both of us are in H-1B status. We filed concurrent I-140 petition and I-485 application. in April 2005. However, the employer was angry at me for my intent to work with another employer and withdrew my approved I-140 petition. Based on the withdrawal, the Texas Service Center revoked my I-140 and denied our pending I-485 applications. My MD wife started a EB-2 labor certification in September 2005 which was approved in November 2005. I am still within H-1B six year limit and my wife also maintains her own H-1B. EB-2 visa number has been retrogressed from October 2005 and from day after tomorrow, EB-2 number will be completely unavailable. We are so frustrated. We have two children born in the U.S. Her medical practice has been working well and she is really looking foward to her medical career in the U.S. I understand that the priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved. I do not see why my wife can not use this priority date of March 2, 2001 and we file I-485 applications again. What do you think, sir?

    A. It is true that a priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved unless the approved I-140 petition is revoked for fraud, revoked by invalidation of the underlying labor certification application or revoked by the Department of State for failure to apply for the immigrant visa within one year from the notice of immigrant visa application by the agency. Otherwise, the alien carries the prioriy date for life in his backpack. Accordingly, the priority date is controlled by the employer until the I-140 petition is approved, but once the I-140 petition is approved, the employer loses control over the priority date and the alien keeps the priority date. Accordingly, if you start a PERM application now and quickly obtain a EB-3 I-140 petition based on the approved PERM, you may be able to file I-485 applications again soon as the USCIS is poised to launch the Premium Processing Services of EB-3 I-140 petitions next month. However, the priority date is not transferrable to your MD spouse and you cannot file I-485 application as a derivative beneficiary of your wife's EB-2 petition based on your priority date. The PERM labor certification nowadays takes a little bit longer, but it is do-able in a fairly limited period of time. Unfortunately, in your case, you cannot extend H-1B beyond six years as one-year increment extension is not available because your I-485 denial became "final." Once denial of labor certification or I-140 or I-485 becomes final, your cannot apply for the H-1B extension beyond six year limit in one-year increment. You cannot apply for H-1B extension in three-year increment because your I-140 petition has been revoked and there is no longer adjustment of status proceeding pending for you and your family. Besides, the Indian EB-3 visa number is availalbe and when you are not suffering from the visa retrogression, you cannot apply for the three-year increment H-1B petition using the AC-21 Act. It appears that your new employer should run fast to develop and file a PERM application. For your purpose, you do not have to be bothered by the issue of EB-2 or EB-3 as the visa number is available for your EB-3 India. Good luck.



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  • akgind
    03-12 05:51 PM
    That's right. I have done just that. Since you are filing a fresh PERM and I-140, it can be a different employer, entirely different job, title, salary. etc. You are only porting the date from the other I-140, nothing else.

    Does this mean I can port the PD even if I moving from a technical position to a managerial position in a different company. of course I know one has to file a new perm and I140 with the new company.





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  • alex99
    09-28 09:22 AM
    any body in the same boat?





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  • Canadian_Dream
    07-25 01:51 PM
    Keep both applications going. Yes you would need a physical copy of labor to file the second one. You can later withdraw the first one when your second I-140 with a better priority date is approved. You can also interfile the I485 when your second I-140 is approved (based on your own labor). The only caveat is your priority date must be current when you interfile. Check Pearson Memo on Interfiling.

    Do the following:

    If you receive physical copy before AUG 17:
    1. File I-140/I-485 with your OWN labor before AUG-17.
    2. Do not apply for EAD and AP on the second one.
    3. Withdraw the first I-485 application when your I-140 on the second one is approved. (This will give you better priority date and no hassle of two applications)
    4. You can continue using EAD/AP filed with the first applications.


    If you don't receive the physical copy before AUG-17

    1. File I-140 whenever you receive the physical copy.
    2. In the mean while your current I-140/I485 application based on substituted
    labor will be processed as usual.
    3. You can receive EAD/AP (Try not to use it though !!)
    4. Whenever your second I-140 is approved and your priority date is current interfile the I-485 based on substituted labor with your approved I-140 with better PD.

    Good Luck.


    My company ( biggie US firm) filed 140 and 485 on a substituted LC on July 2.

    Now my own LC which was pending in BEC (and which has better PD) is approved. Can I file 140 on this? Since substitution is risky, I want to use this 140 for my 485 (over the substituted one) ? How do I do that?

    Do I need physical copy of my approved LC to file 140?

    Replies will be greatly appreciated





    sukhyani
    03-05 12:32 PM
    Rest of the World.

    The interview didn't last more than 10 minutes. She asked for copies of current employment letter and a copy of future employment offer letter. She kept my original (first) I-94 and attached it to the file she already had.

    We were asked standard questions and additional proof of our relationship. We submitted copies of apartment lease, tax returns for 2006 (filed jointly).

    'Have a nice day' is what she said to signal that the interview was over. On our way out I asked her if we are not supposed to get a decision today. She said she had to review a couple of things and that there's 'nothing to worry about' and we should receive written decision within 4 weeks. She did mention about 'a couple of security checks being pending'. I asked 'like name check and stuff', she said yes. I didn't say anything about that new memo regarding Name Check Pending for more than 180 days and just walked out quietly, because she didnt seem like she was going to take any more questions :)

    Now I dont know what to do next? Any idea whats gonna happen? My PD, RD and ND all are current at this time.





    GT7481
    07-10 10:40 AM
    Yes India, I totally second it. India as of now is a booming economy and will be in the future, we all are professionals educated if other economies can benefit why can�t our own benefit from what we have. People all talk about corruption, corrupted politicians, red tape etc, why don�t we take a step towards pushing it down, like once my friend said about putting a website that will expose all of them even a clerk who is corrupted can be captured on a mobile phone and posted on the site.. Just a thought and well being an immigrant means for some time in life you cant even vote(Voting is an important thing in democracy).I believe India will keep growing in the years to come and will be good option .I personally believe being a part of developing some thing even a country is great thing rather than sit on top of something that�s already developed by some one�Just a thought.;)



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