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  • shirish
    10-15 12:30 PM
    Received FP notice, Transfer notice and EAD cards on saturday.


    PD - sept 05 EB2 India-
    I140 - Approved Apr 2006
    I-485,AP,EAD - reached NSC on July 27th 07
    485- RN - lawyer received all the receipts - Transfer notice received.
    EAD - RN - received - ND - sept 27th 07 - EAC XXXXXXX
    AP - RN - received - ND - sept 27th 07 - EAC XXXXXXX
    EAD cards - Received
    FP Notice - received.




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  • kandhu
    01-02 02:27 PM
    Hi Everybody,

    I know that nobody has an answer for my question, but still i would like to get the views/inputs from the seniors here , who have experience with USCIS.

    When do you think a person with PD of Nov 2007 ,EB3 from India, would be able to file for 485??

    Welcome to the GC journey!

    My GUESS is atleast 5 to 8 years with the current laws.
    (I may be too optimisic. It may be even 10+ years !)

    I know one of the things that IV is figting for is to apply for I485 even when the dates are not current. (This is just one of the many things that IV is fighting for. Review the below thread for detailed info)
    http://immigrationvoice.org/forum/showthread.php?t=16298&highlight=year

    So please continue to Support & Contribute to IV.

    Hope you have a less wait time.




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  • permfiling
    06-01 08:26 PM
    I am one of those where I have I140 approved but waitting for visa num# and I know another person in similar boat.

    - contributed $500 to IV
    member of north ca chapter




    There should be boat load of people who have their I140 approved and stuck. Irrespective of the population, it is important that this be addressed. They are one job away from loosing status. By issuing a 3 year employer independent EAD before a PR number becomes available is worthy cause. By this way, everyone in the pipeline knows that someday their paperwork will be cleared for good and until then they have the EAD to keep them going. The very fact that an I140 has been approved for a petitioner and the intent to immigrate has been approved, should allow the petitioner the temporary relief of having the choice to work and live little better. The the only thing that is preventing your status validated is the availability of Visa number, which is more of a procedural/legislative issue. So, hope this request is pushed in one or another form.




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  • tikka
    05-29 04:00 PM
    I have a early 2004 Priority date (EB3 India) and asked my attorney if it is wise to reapply in Eb2 as it is current in that date, and she says she believes my Eb3 PD to get current by july. Folks, what do you think ?

    I think you need to have a masters plus a 4-5 years of experience to be eligible to apply under Eb-2. Also, you would have to redo the entire process of applying in EB2.
    Dont think anyone can really guess if EB 3 will be current by July.

    Please do take a few minute and send web faxes!!

    Thank you



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  • bkarnik
    09-06 05:01 PM
    I believe that could be a problem. If your Company is paying you in Canada, but asking you to work in the US I am not sure if your H1 would be valid. Per my limited knowledge, H1 can be sponsored by an employer having a business in the US. I am sure this is an issue that is a clash between the tax laws and the immigration laws. I would request you to submit your question for the next attorney call and hopefully we get an clear answer.




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  • raysaikat
    10-10 05:58 PM
    Thank you very much for all your support. If they are able to transfer his visa, then I am suspecting that they will do fraud with me. Can I inform USCIS about our domestic problem ? If they receive any application about visa transfer. How can I know that ? I don't want my visa used by them at all.After that they can do anything with me. Please help. Thanks!

    There is nothing called "VISA transfer". All VISA petitions are "new". In some cases, if the person is already in US in legal status, then USCIS will provide I-94 with the VISA approval notice so that the person does not have to go out; otherwise s/he has to go out of US, get a VISA stamp (if s/he has no VISA stamp for that category) and return on that VISA.

    At the time of his new VISA petition, if your dependent wants to claim the he is in H-4 status (so that USCIS gives him I-94), he has to submit copies of primary's (yours) I-797, VISA stamp, etc., with his own application to prove that the primary is in status. In your case, ask your employer to withdraw the H1-B application from USCIS once you leave US. This way your dependent will not be able to use your I-797 to prove his status. AFAIK, usually an employer does not do so since it is additional cost for them. Keep a copy of the letter/email you send to your employer requesting them to withdraw the H1-B petition, and the letter/email you send to your dependent informing him about your departure and that he will be out of status from that time (keep proof of delivery for any physical mail). That should protect you.

    You may choose to tip off ICE (1-866-DHS-2-ICE) after your departure that your dependent has not left US, and is out of status. He will not start accruing "illegal presence" until 6 months, but he will be "out of status" from the day you quit your US position. I believe he cannot stay in US as "out of status" (i.e., if ICE wants, they will be able to deport him). In any case, you should take a decision to do such a thing only after considerable thought and keeping aside any anger from the decision process.



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  • PixelPix
    February 2nd, 2004, 11:32 PM
    Here are the compatable lenses from the spec sheet:

    Compatible Lenses
    1) DX Nikkor : All functions supported
    2) Type G or D AF Nikkor : All functions supported 3) Micro Nikkor 85 mm F2.8D : All functions supported except autofocus and some exposure modes 4) Other AF Nikkor*2 : All functions supported except 3D colour matrix metering, i-TTL balanced fill-fl ash for digital SLR
    5) AI-P Nikkor : All functions supported except 3D colour matrix metering, i-TTL balanced fill-flash for digital SLR, and autofocus
    6) Non-CPU : Can be used in exposure mode M, but exposure meter does not function; electronic range finder can be used if maximum aperture is f/5.6 or faster *1 IX Nikkor lenses can not be used; *2 Excluding lenses for F3AF

    Not sure about the flash...maybe StevenT will see this and help you out. Also, not sure if you've seen the full official spec sheet, but here it is. Click here (http://www.dphoto.us/modules.php?op=modload&name=News&file=article&sid=121).


    WOW! That lens range sure is confusing.




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  • nlssubbu
    01-10 01:29 PM
    My wife's H1 is valid until 2009. We have to travel to Canada very soon and she will return on AP (EAD approved). Can she continue on H1 for the sponsoring company as it is or any amendment/filing has to be done to regain the H1 status. I dont want her to switch to EAD (just in case things go wrong down the lane)
    I read a couple of conflicting articles on this. From this link i interpret that one can continue on H1 after entering US on AP
    http://www.murthy.com/news/UDnewins.html
    "An H-1 or L-1 holder who travels out of the United States, and returns on advance parole, is authorized to continue working for the H-1 or L-1 employer. He/she would not be required to obtain an EAD to work for this same employer, within the validity dates of the H-1 or L-1 petition approval."

    Can some one please throw some light.

    Thanks

    She can continue to work with the same employer on H1 without any issue. I did traveled back thrice using AP and renewed by H1 with the same employer twice without any issues. Though I have my H1 valid till 2010, it is invalid after my GC approval :(.

    Thanks



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  • godbless
    06-29 11:28 AM
    Is there any quota on filing the I 140s? My friend requested his employer for upgrading his 140 and he says that the attorney mentioned that the quota for I 140 is already full. I don't think it is right. Any inromation please.




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  • gc28262
    06-14 03:54 PM
    Thank you gc28262 for sharing that link. Very informative. I have a question though about that case study: This paragraph is confusing - "Raj learned that the CIS will not allow him to substitute his new I-140 into his pending EB3 adjustment of status (AOS) application. Instead, they require a new AOS filing. Knowing the the CIS can take years to process an AOS application, even when the applicant's priority date is current at all times, he decided to opt for overseas consular processing."

    Does this infer that If my current employer decides to file EB2 PERM application and I-140, I will have to wait till the priority date (Priority date for the new EB2 PERM) becomes current? Can I not use my September 2004 priority date and file I-485?

    I am not thorough on this topic. From what I read on the forum, you can use your old PD in your current I-485. More knowledgeable people please chip in.



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  • mantagon
    07-15 01:06 PM
    EAD is not a status. So how does her status change?

    Well, the first statement is true; the second, however is not. When one starts to work on EAD, his/her status changes to AOS, assuming his/her I-485 is pending. So, in this case, she will no longer be considered being on H4.




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  • gopalkrishan
    08-03 03:22 PM
    Hmmmm .. I have been thinking of losing a bit weight now, after everybody started pointing it out to me.. The rationale behind it being that since I am going �over the hill� I should start looking after myself..

    I decided to just touch the fringes, so made a mistake of floating out my idea and BOOM the world crashed .. I was flooded with suggestions, drowning in motivational talks and sometimes buried under laughter of the unbelievers. I was first told to stop BEER (*actually started with BEER and changed to ALCOHOL*) completely as it increases water retention in the body, making you bloat up.. Then one nice (*and i believe he must have been a veggie extremist*) person come up with surefire idea of giving up non-veg food, and that not only would reduce weight but also cholesterol and what not.. Next on the sacrifice list was Rice as it had carbohydrates, then came universal food vegetable - Potatoes, they shared the same vice as Rice.. One suggested to drink lot of water, another suggested lot (*I believe exact words were "minimum half a liter"*) of milk..

    Best was when one sane(*or so I thought*) person suggested eating lots of fruits .. until it came down to restrictions .. I could not eat banana as they were not exactly diet fruit .. Watermelon at night was a no-no as they did not get digested easily .. Papaya were frowned upon as they generate lot of heat in body and so on so forth ...

    Before you start wondering .. They also coached me about eating habits .. I prefer to go to the Gym(*actually started from yesterday only*) in evenings and that was the hinge on which raged the eye of the storm, i mean discussion .. One suggested no eating for couple of hours before and AFTER gym and another suggested that I eat soon after coming back so that the food could settle for couple of hours before i slept.. One frowned upon having water with food or rather immediately after eating it .. Come On .. if I bite into a red hot pepper am I still supposed to wait for an hour to have that glass of water??

    Anyways, after listening to all this, the only thing I could think of was GITA .. this world is all an illusion of temptations and ascending beyond the web of mortal hope and trepidation will lead to salvation.. I felt as if I was being groomed to go in a battle .. No no, that�s a wrong analogy.. as if I was being groomed to rise over my mortality and mortal temptations to achieve sainthood in the vast lonely reaches of Himalayas..

    Tsk Tsk, such a big decision to follow .. I need strength for this .. Let me grab my BEER and CHICKEN so that I can contently introspect, contemplate and find some strength TO LOSE WEIGHT ..

    Cheers to losing weight (*was only on my 3rd beer yet, while thinking of penning this down*) :d

    Gopal Krishan



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  • Macaca
    02-23 01:25 PM
    This issue was discussed in 2 other threds in the last 2 months. I don't remember the name of the threads. Please search.

    The status of I-140 application may be important. Out of state tution may depend on the state.




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  • casper21
    07-27 11:14 AM
    Hey ags,
    Sorry for asking many question, when you are trying to find answers to your problem.
    I'm trying to figure out my situation, you have replied "As long as marriage is before 485 it can be applied." : before 485 means the day of filling the I 485 or the day of I 485 Approval ?

    Which means I can do just the registration of the marriage in my desi (legal) before the I485 approval, then come back to USA, apply for Counsular processing (I485) for my spouse with in 180 days, once spouse's application is approved spouse can come to USA?
    *** IS this possible?



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  • sunny26
    04-26 09:48 PM
    I traveled recently from DTW to india using lufthansa. Allowed two baggage for me and 2 for my son(4yrs old) without any problem




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  • kaisersose
    11-27 01:38 PM
    Hi,
    one of my friend is working for a desi consuting firm. Due to emergency at his place he has to leave to India dusring the labor substition process. Now the consuting firm is saying that they have substituted a labor for him. They did not apply for I140 for him. Please let me know if there is a way to find weather his labor is substituted or not.
    Thank you

    The short answer is, it does not work. It has been permanently banned following heavy abuse.

    Substitution is a process of cutting the queue, by using a Labor approved for someone else earlier. Many people who came ino the US in 2006 on H-1b now have green cards by paying $$$ to some GC shops for old Labors. This came to the notice of DOL and they decided to put an end to it.



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  • chinna2003
    07-03 09:26 AM
    Its better than not going to work and sitting at home playing with your kids or watching movies or shopping at walmart or doing laundry etc etc mulling about your future if you have time to spare for a thought
    Who said the demonstrations have to be on weekday. You can very well do it on weekends and you can do it during your lunch breaks . What we lack is resolve not resources
    I hope everybody agrees with that




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  • nousername
    03-31 05:47 PM
    Your 180 days start from the day your I-94 expired. And yes, 2 weeks or 4 weeks over stay will make a difference. Next time when you enter the country or at the Visa office they might ask you the reason.

    You did nit clarify if your partner is a US citizen, PR or visa holder. That might help in giving you some additional advise.




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  • andy garcia
    05-21 02:09 PM
    Are you sure? it is going to be too much pain....


    Check this memo: Elimination of Form I-688B (http://www.uscis.gov/files/pressrelease/ElimI688B_081806R.pdf)




    gclabor07
    11-23 02:15 PM
    Try checking their site right around 9:30pm EST. They seem to open up appointments between 9:30-10pm. Appointments fill up pretty easily. (So much for our visa fee dollars).

    Hi
    Any one successful in last 2 weeks in scheduling a Visa appointment in Hyderababad consulate? For last 2 weeks I have been trying to schedule an appointment and it displays message "try after some time" on the vfs-co.in site.

    Please let me know if any one was able to do it in last 3 weeks time frame?

    Thanks
    Sanjay




    gcwait2007
    05-14 06:49 PM
    It all depends on which country she belongs to.

    If she belongs to heavily retrogressed countries, she would be better off with consular processing.



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