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  • pani_6
    02-09 09:48 AM
    Yes this option is open...the sitiuation is getting ridicilous by the day..lets wait for couple of months so see if SKIL OR CIR take some direction..meanwhile nothin prevents us from preparing
    grounds for a law suit!!




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  • amitkhare77
    09-04 09:54 AM
    Question : If I get H1 transferred to NEWEMP (basically work on H1 and NOT EAD), and CURREMP revokes I-140, will this effect my GC process. I intend to work on H1 and keep on renewing EAD based on i-485 filed. NEWEMP will be providing AC21 letter which will be send to USCIS after I join them.

    NO, I-485 filing > 180, also the I-140 is approved.

    1. Will there be any effect to my GC process in case CURR Company revokes I-140?
    No. if you send AC21 letter, you will not receive NOID (you might get RFE)

    2. Can I keep on renewing EAD even though I would work on H1 with NewEMP?
    Yes

    Here is my thought -
    If you are on H1B until Dec 2009, you will have to file H1B Extention for 7th Year (I am guessing you are in your second h1B renewal). For any reason if you get denial for I-485, your H1B extention will also be cancelled, remember extention was given to you on the basis of pending I-485 (GC).
    so after DEC 2009 , it's the same wheather you are on EAD or H1B Extention.

    Let say if you start using EAD now, you will have 1 yr 5 months left on your H1B. if there is something wrong with I-485, you can file H1B from different employer (this will not count against quota, as you have unsed 1 yr 5 month left on your H1B), go out of country and come back on H1B (you have more than 1 year left you can start another GC process :))
    just my thought, you might want to validate this with any leagal expert.




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  • tonyHK12
    12-02 10:29 AM
    As i had indicated earlier, I spoke with my employer, he cannot do anything in terms of lobbying - but has agreed to do things. He will donate to IV and he will write a letter stating that small businesses like ours need to be able to fully utilize the capabilities of the employers...and it helps to have the green card.

    Not sure who the letter needs to be addressed to, any suggestions would be helpful.

    We can use all the help we can get. Could you send details of this to our moderators StarSun and Pappu.
    I will also indicate this to our admins at Donor forum to check how they can best use your employer's help and get back.




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  • skagitswimmer
    June 5th, 2005, 09:46 PM
    I have a new eos 350 and am slowly starting to learn to use it. One problem I seem to be having is that on some of my flower shots I am finding that the reds and yellows seem to get blown. I am sure the exposure is right because I bracket like crazy. And I am shooting in raw and then use the slidebar and curve in the photoshop CS raw converter to tone down the image untill the clipping is all gone. But there is still no detail in the area in question - which was the area that showed up as blown out or clipped in the raw image.

    The area I am talking about is the petal on the far side of the flower near the center of the image.

    I would have assumed that because it shows up as clipped in the initial RAW image then there is no recoverable detail. However if I desaturate the image almost completely or add reds I do get some detail in the blown area.

    I am using a photoshop colourspace in the camera. Saturation and exposure are set to normal.

    Is this a problem with me or with the camera?



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  • mambarg
    08-03 05:18 PM
    Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?

    Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.

    Question 11. When is an I-140 no longer valid for porting purposes?

    Answer: An I-140 is no longer valid for porting purposes when:

    A. an I-140 is withdrawn before the alien�s I-485 has been pending 180 days, or

    B. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal that was submitted after an I-485 has been pending for 180 days.

    Question 12. Can the 180 days that an I-485 application must be pending for I-140 portability eligibility accrue during a period when visa numbers are unavailable?

    Answer: Yes. The fact that a visa number becomes unavailable after the filing of the I-485 application does not stop the number of days required for I-140 portability eligibility from accruing.

    Question 13. Does the alien�s priority date change as a result of porting under �106(c) of AC21?

    Answer: No. The priority date continues to be determined at the time of the initial labor certification filing with the Department of Labor or at the time the initial I-140 immigrant petition is filed with USCIS (in cases where no labor certification is required).

    Question 14. Must the alien have a new offer of employment at the time the I-485 is being adjudicated under the I-140 portability provisions?

    Answer: Yes. The alien cannot still be looking for �same or similar� employment at the time the I-485 is being adjudicated under the adjustment portability provisions. The alien must be able to show there is a new valid offer of employment at the time the I-485 is adjudicated.




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  • kpsm88
    11-15 04:46 PM
    ksahmed,

    Can you tell me if the AP was received by your attorney today or by you directly..



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  • gcFiler08
    02-15 03:42 PM
    Any news on this bill.




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  • ujjwal_p
    03-26 03:40 PM
    just listen to the show - wonderful performance - you were crisp and to the point ... your points on this EB mess and the closing comments were great ... the 2nd caller shows the typical American common man mentality towards EB community ...

    First of all, Mark: Great job ! I think this was a great spokesperson job for our issue. I think the biggest problem facing our issue is lack of awareness. I disagree with sammyb's comment. I don't think the 2nd caller shows the typical american mentailty towards *our* issue. Any talk about immigration, be it legal or illegal, gets overtaken with the bigger illegal immigration debate. And that is natural given the scale of illegal immigration problem when compared to the legal one. I think Mark gave a great response to the 2nd caller by giving perspective. Until there is more awareness about the *legal* immigration issues and a separation from the larger illegal immigration debate, this will be a tough battle.

    On the face of it, this shouldn't be hard. People who follow the rules and the majority of them being tremendous assets to the American economy. Just the kind of immigrants a country would want : educated (in quite a few cases highly), skillful , law abiding and language proficient. Yet, here we are.



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  • voldemar
    06-22 11:14 AM
    Due to time contraints doctor sent me for a chest x-ray and skipped the TB skin test. Chest x-ray came back negative. Question: Is a TB skin test required if a chest x-ray is negative? No remarks were made as to why TB skin test was not given. Should suggest, to a reasonable person, that no active TB is presentI've got a RFE because of that. Now got TB skin test and will do X-Ray again if TB will be positive.




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  • crystal
    02-04 10:52 AM
    There is no need to change to H4. asaik , that is an extra un-necessary step.
    AP should be enough.

    Does it make sense to change status to h4 from f1 before my spouse goes out of country and come back on h4 instead of AP?



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  • GCBy3000
    05-19 09:35 AM
    Yes, keep all you honest opinion within your self until your shackles are removed. We all know the visa status H1B is exploting point for some consulting firms and employers. Knowing this I do not understand what is the need of expressing "my desire NOT to stay with him any longer than I need to"

    Keep this desire within your self and keep the GC ball rolling until you get some command. But you have already said so. With my experience, I would say the employers and attorneys have very good relationship which they are supposed to have. With this relationship, they will find all the means to do whatever they desire to do. So be patient and butter your employer and get your job done.

    Patience wins in this GC process.




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  • lkapildev
    11-26 10:44 PM
    I got my AP status online as Document Mailed to Applicant:

    What does it mean?

    Has any one got the AP after Document mailed to application status?



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  • eb3_nepa
    10-19 09:43 AM
    So what is the rule? The salary should be exact or can it go up or down?




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  • jonty_11
    01-16 03:05 PM
    FYI for others -
    http://www.cic.gc.ca/english/skilled/qual-3-1.html#IELT



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  • immi_seeker
    07-14 12:31 PM
    I called uscis and they have asked me to refile I-765. They said they will issue new EAD with extended dates. Not sure how long will it take. And i dont believe issuing 3 month EAD was intentional. They probbaly wont have any idea when the 485 would be adjudicated when they approve EAD.




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  • monkeyman
    09-27 10:45 AM
    Is there anyway we can help the family featured in this thread? Like helping them with funds to hire a good lawyer or something on those lines? Reading all the threads, I am somehow thinking of going for the Indian dream now (Yes, I have the Indian citizenship)!!! 6 years and my wife still does not know if she can live in this country or not!!!



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  • inUSA2000
    01-31 02:11 PM
    Get your degree evaluated by WES http://www.wes.org. or http://www.trustfortecorp.com/cou_evaluations.html

    They will do a course by course evaluation and will let you know if your degree is equivalent to 4 year US degree. I am not sure if they will evaluate aptech one but try it out. Keep this copy with you and incase you get a RFE, answer it with this report. There is high chances that it will be approved.

    I am surprised how your attorney did not do this before submitting the application.

    GOOD luck




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  • senthil1
    05-09 11:58 PM
    As for as I knw You can be out of job for any period in EAD. But when they process I485 you need to be in the job. Many unemployed persons are getting GC interview. If you do not get RFE or interview then it is ok even if you are unemployed at the time of receiving gc.




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  • diptam
    01-16 01:13 AM
    Bhanu and others,

    Its written in G-639 that for getting a Original Copy of any "Approved Petition" use form I-824.... So for getting 140 copy ( which is a Immigrant visa Petition) we should I-824 .

    http://www.uscis.gov/files/form/I-824.pdf

    Thanks,

    Hi All,

    Thanks for your patience. I was busy yesterday and I would like to provide you all proper information what I sent to FOIA. Here is the information I got from my folders.
    1) You need to fill the form G-639 to get the I-140 documents.
    2) Provide as much Information as possible about your case. Some of you doesn't have the Receipt Number, they may also fill the form G-639 and provide any other information you have. (Ex: Provide with thorough description of your case in a separate paper.)
    3) After filling the form, Notarise it (Your bank will do it)
    4) Attach all the documents with this form and send it to:

    USCIS National Record Center
    FOIA Division
    PO Box: 648010
    Lee Summit, MO 64064 - 5570

    5) There is no fee to submit this form. You will receive a receipt# within a week how they will process your request.

    6) There is no way your Employer/Lawyer know about it. Its in between you and FOIA Division.

    I feel myself proud to provide all these details to you since I know how difficult to stay with a blody sucking parasite Employer. I spent lot of sleepless nights and I decided to fight with bad/rogue Employers.

    Please keep in touch if you have any other details.

    Bhanu




    sj2273
    01-30 11:41 AM
    Emailed Detroit News and Free Press
    and NPR(Miradio.org)




    coolngood4u80
    01-26 12:59 PM
    Guys Be proud that even Andhra is part of India and they are Indians too!!! Thanks for sharing this news ...just chillout we don't need to argue for everything



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