delax
07-16 01:21 PM
this post is a great example of diplomatically writing a lot and actually saying nothing ... way to go!
I beg to disagree - I think if you read between the lines it is quite clear that potential solutions are being discussed. A solution may be announced but NOT within the 24 hrs that we all are expecting. It may lead to a deadlock in which case the lawsuit would be one of our recourse.
I think we all got a little carried away by the 24HR time frame from Core.
I beg to disagree - I think if you read between the lines it is quite clear that potential solutions are being discussed. A solution may be announced but NOT within the 24 hrs that we all are expecting. It may lead to a deadlock in which case the lawsuit would be one of our recourse.
I think we all got a little carried away by the 24HR time frame from Core.
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dehradoon
11-13 06:08 PM
ok. let's say I-140 approved and pass 180 days. the person is working using ac21 and ead with a new company. the person is travelling using AP , the old company withdraw I-140, will he be able to come back in the us ?
once the person is working for the new company can he send the offer letter to avoid problem with 485. kinda of preemption - proactive approach or does the person needs to wait until ins request?
Dude, you really need to use the search feature on this forum. after I140 is approved and 485 pending for 180 days, the I140 stays in effect even if the company tried to revoke it.
Once you invoke AC21, it is not required (although suggested) to send papers to USCIS. I have read that you should not do anything until you get an RFE which I think is the best way, This makes sure that your case is being properly handled if you are unlucky enough to get an RFE. Y would anyone what to raise a flag by sending in paperwork to USCIS indicating the use of AC21, I personally know atleast 15 friends who have done this with out telling USCIS and have received their GC's
So, The bottom line is if -
I140 approved and 485 pending for more than 180.
START LIVING YOUR DREAM, DO WHAT YOU WANT TO DO. CHANGE YOUR JOB, GET A RAISE, OPEN A COMPANY, BUY A HOUSE .... WHATEVER, DON'T GET MARRIED - SHOULD HAVE DONE THAT WHILE YOU WERE ON H1
THE AC21 IS A LAW - USE IT, YOU DO NOT HAVE TO TELL ANYONE ABOUT USING A LAW UNLESS YOU HAVE TO JUSTIFY YOUR SITUATION IN FRONT OF AN AGENCY THAT REQUIRES YOU BY LAW TO PROVE IT.
OH! AND AS FAR AS TRAVEL IS CONCERNED, JUST HAVE THE DOCS IN HAND AND NOTHING ELSE MATTERS (don't commit a crime though, or be drunk in front of the immigration officer). LOL
once the person is working for the new company can he send the offer letter to avoid problem with 485. kinda of preemption - proactive approach or does the person needs to wait until ins request?
Dude, you really need to use the search feature on this forum. after I140 is approved and 485 pending for 180 days, the I140 stays in effect even if the company tried to revoke it.
Once you invoke AC21, it is not required (although suggested) to send papers to USCIS. I have read that you should not do anything until you get an RFE which I think is the best way, This makes sure that your case is being properly handled if you are unlucky enough to get an RFE. Y would anyone what to raise a flag by sending in paperwork to USCIS indicating the use of AC21, I personally know atleast 15 friends who have done this with out telling USCIS and have received their GC's
So, The bottom line is if -
I140 approved and 485 pending for more than 180.
START LIVING YOUR DREAM, DO WHAT YOU WANT TO DO. CHANGE YOUR JOB, GET A RAISE, OPEN A COMPANY, BUY A HOUSE .... WHATEVER, DON'T GET MARRIED - SHOULD HAVE DONE THAT WHILE YOU WERE ON H1
THE AC21 IS A LAW - USE IT, YOU DO NOT HAVE TO TELL ANYONE ABOUT USING A LAW UNLESS YOU HAVE TO JUSTIFY YOUR SITUATION IN FRONT OF AN AGENCY THAT REQUIRES YOU BY LAW TO PROVE IT.
OH! AND AS FAR AS TRAVEL IS CONCERNED, JUST HAVE THE DOCS IN HAND AND NOTHING ELSE MATTERS (don't commit a crime though, or be drunk in front of the immigration officer). LOL
romeshtrisal
10-19 11:06 AM
EB-2, NSC, PD 10/30/07. Only LUD on 11/22/06, since then nothing
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pd_recapturing
08-22 03:47 PM
Ruchigup, Are you sending AC21 document? I am also leaving my current employer and taking AC21 route. I am retaining my lawyer. He is supportive and hopefully, will not ask retainer fee as he knows that i paid all my gc cost.
Can you please share your AC21 experience so far ? Is your new job exactly similar ?
Can you please share your AC21 experience so far ? Is your new job exactly similar ?
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jliechty
May 23rd, 2005, 08:54 PM
Gary, I'm just thinking of mine which is a circular polarizer. You rotate the polarizer to achieve the desired amount of polarization. So I can rotate it one way and either darken or lighten the sky. All but your last pic looked as if it was darker on the right side which lead me to the assumption it was a circular type. There's a linear type too which I have never used so I'm not sure how it works, but I imagine it doesn't rotate (anyone?).
Linear vs. Circular has mainly to do with whether it works with metering and autofocus sensors in modern cameras. Both polarizers rotate and function similarly (I'm not sure if there is any difference in the effect shown in the image, but I doubt it).
Anyway, an unevenly polarized sky happens not because the polarizer is not rotated properly / enough, but rather because the camera is not quite at a 90 degree angle to the sun; this uneven polarization becomes more noticeable with wide angle lenses (to a point, then as even wider lenses are used, the sky will get dark in the middle and lighter on the edges even right at 90 degrees from the sun).
Linear vs. Circular has mainly to do with whether it works with metering and autofocus sensors in modern cameras. Both polarizers rotate and function similarly (I'm not sure if there is any difference in the effect shown in the image, but I doubt it).
Anyway, an unevenly polarized sky happens not because the polarizer is not rotated properly / enough, but rather because the camera is not quite at a 90 degree angle to the sun; this uneven polarization becomes more noticeable with wide angle lenses (to a point, then as even wider lenses are used, the sky will get dark in the middle and lighter on the edges even right at 90 degrees from the sun).
eb3_nepa
04-13 11:01 AM
Can ammendments be made to the bill in the 180 day waiting period? It was mentioned here before that ammendments can be made during that period.
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vagish
04-18 11:13 PM
--
Patience my lovelies. This may be the calm before the storm, who knows.
Per some news report, a debate has been scheduled on Senate floor to debate a comprehensive immigration reform bill during last two weeks of May'07
the other immigration bills are introduced by republicans, not with democratic support, so those bills are going no where. Only hope is STRIVE!!
thanks
Patience my lovelies. This may be the calm before the storm, who knows.
Per some news report, a debate has been scheduled on Senate floor to debate a comprehensive immigration reform bill during last two weeks of May'07
the other immigration bills are introduced by republicans, not with democratic support, so those bills are going no where. Only hope is STRIVE!!
thanks
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h1bemployee
02-25 06:49 PM
can anybody help me here?
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gondalguru
07-08 09:40 PM
BUT: mine is an NIW case so i think she wanted to prove continuous service since 2003 in this job (under served area), she also asked the employer for a payroll printout since january.
Hi Paskal:
I am NIW physician, EB2 India, PD 9/2004. Already completed 3 yrs and 10 months into MUA service. I changed the job in the same MUA 3 months ago.
Do I have to file an amended I-140 or no? I contacted two lawyers on this issue. One says yes and second says no. The second lawyer who is from very reputed law firm -- (shusterman.com) says u only need to respond to RFE for 1 yr and 5 yr of service and not send an updated I-140 especially if you stay in the same MUA / state. I don't know whom to believe? Any suggestions.
I went through NIW regulations published in federal register many times... but in the register it is not clear if you need to file amended I-140 if your first I-140 is self petition and you didn't change the underserved area.
Hi Paskal:
I am NIW physician, EB2 India, PD 9/2004. Already completed 3 yrs and 10 months into MUA service. I changed the job in the same MUA 3 months ago.
Do I have to file an amended I-140 or no? I contacted two lawyers on this issue. One says yes and second says no. The second lawyer who is from very reputed law firm -- (shusterman.com) says u only need to respond to RFE for 1 yr and 5 yr of service and not send an updated I-140 especially if you stay in the same MUA / state. I don't know whom to believe? Any suggestions.
I went through NIW regulations published in federal register many times... but in the register it is not clear if you need to file amended I-140 if your first I-140 is self petition and you didn't change the underserved area.
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dbevis
March 14th, 2004, 08:32 PM
Nope. I do have email in it, but found that useless. I"m sort of a bipolar technogeek, I guess. Deep excess in some areas, total disdain in others.
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LCtank
07-14 01:44 PM
EB3 retrog is completely hopeless in next 2 or 3 years unless the legislation release is passed. Lobbying is the only way to influence.
suppose this SKIll bill is passed, probablly not this year since election are aboutto happen. what are the chances that EB3 worldwidw will become current when SKILL BILL goes into affect. I am sure there are majority of people here are Eb3 category.
What if someone is got a few monts left before they finsih the Masters, but their process in in EB3. Can they take advantage of this bill. Obviouslly one has to finish the degree first.
thaughts?
suppose this SKIll bill is passed, probablly not this year since election are aboutto happen. what are the chances that EB3 worldwidw will become current when SKILL BILL goes into affect. I am sure there are majority of people here are Eb3 category.
What if someone is got a few monts left before they finsih the Masters, but their process in in EB3. Can they take advantage of this bill. Obviouslly one has to finish the degree first.
thaughts?
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Berkeleybee
09-01 08:39 PM
Michael Cutler is a Fellow of the Center for Immigration Studies, a notoriously anti-immigrant organization.
It is part of the John Tanton network of anti-immigrant organizations (includes NumbersUSA, FAIR etc.). See here (http://www.splcenter.org/intel/intelreport/article.jsp?sid=72)
He is not currently at CIS, he is an ex-employee of the INS, and given his sentiments I am glad he is an ex-employee.
Google the guy, you'll see his rage all over the web.
These hearings were organized by our best friend Sensenbrenner. Other policymakers by now ought to recognize FAIR, NumbersUSA and its ilk what what they are.
best,
Berkeleybee
It is part of the John Tanton network of anti-immigrant organizations (includes NumbersUSA, FAIR etc.). See here (http://www.splcenter.org/intel/intelreport/article.jsp?sid=72)
He is not currently at CIS, he is an ex-employee of the INS, and given his sentiments I am glad he is an ex-employee.
Google the guy, you'll see his rage all over the web.
These hearings were organized by our best friend Sensenbrenner. Other policymakers by now ought to recognize FAIR, NumbersUSA and its ilk what what they are.
best,
Berkeleybee
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msyedy
03-24 04:05 PM
Hello fellows in pain!
I have a question, I am currently stuck in EB3 retrogression with 140 approved. I am contemplating switching jobs and try out for EB2. Could anyone please share thoughts on my chances? Below are my education / experience details:
- US Bachelors in Computer Science
- More less 5-6 years of experience in my field plus a number of advanced certifications from Microsoft and Sun (I suppose these don't really matter).
- However, the above mentioned years of experience have not been all gained right after college. Last 2 years of college I was working full time in my field and going to school full time.
Any suggestions would be extremely helpful!
Cheers,
Me.
I believe that EB2 means - Bachelors + 5years experience after getting a degree. Many of my friends have filed under Eb2 with bachelor + 5 as their lawyer suggested them to.
It depends on the lawyer. Get a good lawyer and find out if he can help you.
I have a question, I am currently stuck in EB3 retrogression with 140 approved. I am contemplating switching jobs and try out for EB2. Could anyone please share thoughts on my chances? Below are my education / experience details:
- US Bachelors in Computer Science
- More less 5-6 years of experience in my field plus a number of advanced certifications from Microsoft and Sun (I suppose these don't really matter).
- However, the above mentioned years of experience have not been all gained right after college. Last 2 years of college I was working full time in my field and going to school full time.
Any suggestions would be extremely helpful!
Cheers,
Me.
I believe that EB2 means - Bachelors + 5years experience after getting a degree. Many of my friends have filed under Eb2 with bachelor + 5 as their lawyer suggested them to.
It depends on the lawyer. Get a good lawyer and find out if he can help you.
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ibbu_arif
11-16 10:27 AM
Hello Gurus,
I have been searching various posts and found quite answers to quite a few questions I had in mind, but as usual I am left out with few more queries :)
Following is my current Status
Pending I-485 Application, AP valid till Dec 6th 2008 and EAD Valid till Oct 2010.
Already applied for AP extension for me and my wife on Oct 10 2008 and awaiting for Approval.
I had travelled once on my AP in April 2008 for a week to Visit my sick mother... I understand that this Puts me on parolee status. But Please NOTE that I am still with my H1B Status with my employer. Didn't use my EAD for I-9 forms.
After returning, my employer applied for my H1B extension for 3 years ( I already completed my 6 yrs of H1B). It is already approved and I have a Approved/Valid H1B document till May 30 2011.
From the info in some posts, I understood that this extension puts me back into H1B Status.
Now the actual question :
-------------------------
I had to Visit India in Jan 2009. I already booked my tickets for Jan4th (you know how it is , you always have to book earlier ), with an anticipation that I will get my AP extension Approved before that time. (I gave 3 months time for myself)
If I get my AP approved before I leave then NO Issues, I will again use my AP to re-enter USA in Feb 2009.
But let's assume I don't get it Approved before I leave.
a) Am I allowed to travel outside USA while my AP is Pending ?
b) If allowed, Can my AP get approved while I am outside US (i.e in India) ? Or will they Cancel my AP application?
c) I know I should get my H1B Visa stamping done while in India to re-enter on H1B Status. Do you see any problems that the consular officer/POE officer can create like
why did I leave the country while my AP application is Pending ?
Why are applying for H1B Visa while you could have used your AP?
I appreciate your detailed answers.
Thanks
I have been searching various posts and found quite answers to quite a few questions I had in mind, but as usual I am left out with few more queries :)
Following is my current Status
Pending I-485 Application, AP valid till Dec 6th 2008 and EAD Valid till Oct 2010.
Already applied for AP extension for me and my wife on Oct 10 2008 and awaiting for Approval.
I had travelled once on my AP in April 2008 for a week to Visit my sick mother... I understand that this Puts me on parolee status. But Please NOTE that I am still with my H1B Status with my employer. Didn't use my EAD for I-9 forms.
After returning, my employer applied for my H1B extension for 3 years ( I already completed my 6 yrs of H1B). It is already approved and I have a Approved/Valid H1B document till May 30 2011.
From the info in some posts, I understood that this extension puts me back into H1B Status.
Now the actual question :
-------------------------
I had to Visit India in Jan 2009. I already booked my tickets for Jan4th (you know how it is , you always have to book earlier ), with an anticipation that I will get my AP extension Approved before that time. (I gave 3 months time for myself)
If I get my AP approved before I leave then NO Issues, I will again use my AP to re-enter USA in Feb 2009.
But let's assume I don't get it Approved before I leave.
a) Am I allowed to travel outside USA while my AP is Pending ?
b) If allowed, Can my AP get approved while I am outside US (i.e in India) ? Or will they Cancel my AP application?
c) I know I should get my H1B Visa stamping done while in India to re-enter on H1B Status. Do you see any problems that the consular officer/POE officer can create like
why did I leave the country while my AP application is Pending ?
Why are applying for H1B Visa while you could have used your AP?
I appreciate your detailed answers.
Thanks
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nb_des
04-15 02:59 PM
Yes, if my LC will get approved in the iterim, I might be safe, but with no time left on the H1-B, and with the reduction of salary that will be applied very soon, I don''t think this is going to happen. Unless, as you said, I won't be lucky enough to get approved really soon.
Again your LC approval has no direct connection with what you are being paid currently. LC is for future job so I find it unlikely that DOL will factor your current salary in any way. They may consider your employer's ability to pay the stated salary on LC based on their finacial situation but your current pay stub should not matter.
Does that answer your question?
Again your LC approval has no direct connection with what you are being paid currently. LC is for future job so I find it unlikely that DOL will factor your current salary in any way. They may consider your employer's ability to pay the stated salary on LC based on their finacial situation but your current pay stub should not matter.
Does that answer your question?
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gc_wannabe
06-17 08:40 AM
Years and years of waiting? no kidding. Look at my priority date. And there are people waiting before me. You used a pre-approved labor and have been waiting in the GC queue from what 2006? Dude, in today's world, a reasonable wait for eb3-is anywhere between 10-15 years and eb2 is atleast 5-6 years. I am not mad that you used a pre-approved labor, though in my personal opinion, its a taboo. I am just saying you are lucky enough that you may get your green card much quickly than people like us who have been waiting atleast 8-10 years and trust me, people like your case, usually should be happy.
I can empathize. I might me more luckier than you, and there are people *luckier* than me. (You know what I mean..) But, if for some reason I don't get my GC, and you get your GC in a few years, me being lucky to start with is of no use. Nothing is sure till GC is on-hand for anyone.
So, I would appreciate if someone could let me know if there are any disadvantages process-wise when it comes to I-485 adjudication on a pre-approved labor.
Thanks.
I can empathize. I might me more luckier than you, and there are people *luckier* than me. (You know what I mean..) But, if for some reason I don't get my GC, and you get your GC in a few years, me being lucky to start with is of no use. Nothing is sure till GC is on-hand for anyone.
So, I would appreciate if someone could let me know if there are any disadvantages process-wise when it comes to I-485 adjudication on a pre-approved labor.
Thanks.
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abracadabra102
03-17 01:27 PM
no offense but the above doesn't make any sense what so ever, so does majority of your posts.
and stop pretending to be a guru on immigration issues and leave the analysis part to the real experts.
Peace :)
LOL. You are spot on.
and stop pretending to be a guru on immigration issues and leave the analysis part to the real experts.
Peace :)
LOL. You are spot on.
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ramus
06-14 10:43 AM
Guys,
Don't create new thred for every single question you have.. You can find right thred and put it there..
Yes you can file for 485 even though your H1B extension is pending.
Hi,
My 8th year H1 extension is pending with CIS, and my current H1 expires on June 26, 07. Can I file my 485 when my H1 status is pending from CIS?
Please advise.:confused:
Don't create new thred for every single question you have.. You can find right thred and put it there..
Yes you can file for 485 even though your H1B extension is pending.
Hi,
My 8th year H1 extension is pending with CIS, and my current H1 expires on June 26, 07. Can I file my 485 when my H1 status is pending from CIS?
Please advise.:confused:
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pbuckeye
03-30 07:10 PM
How about your client directly sending the agreement to the consulate .
I agree, explore the option of sending the MSA directly to the consulate. If may solve both the problems (query and breach of contract)
And folks - try to shed the negativity and keep the thread on topic
I agree, explore the option of sending the MSA directly to the consulate. If may solve both the problems (query and breach of contract)
And folks - try to shed the negativity and keep the thread on topic
eb3_nepa
01-25 04:57 PM
I would not read anything that Times of India says too seriously. TOI has a history of changing the context or blowing up minor issues. This explains why, even though the recession (post 2000) lasted for a good 3 years, people back in India thought the US economy was booming!
JunRN
05-05 10:09 AM
To force USCIS to adjudicate i-140 within 180 days or 6 months, if concurrent filing is removed, we may comment to include a clause that says "If i-140 is pending for more than 180 days and PD is current, i-485 may be filed.
Better yet, if they will include filing of i-485 even if PD is not current.
The silverlining if they remove concurrent filing is that there will be pressure to adjudicate i-140 within reasonable time or better yet, a hard target of 6 months.
Better yet, if they will include filing of i-485 even if PD is not current.
The silverlining if they remove concurrent filing is that there will be pressure to adjudicate i-140 within reasonable time or better yet, a hard target of 6 months.
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