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  • TeddyKoochu
    05-19 03:09 PM
    I am not aginst the OP or generalizing the B1 abuse. I am stating my opinion of what could be the reason behind the denial. You know, now a days even people are getting 221g for the H4 stamping. It does not matter what visa you are going for, the US consulates just looking for a execuse to reject. Not only in India, there are lot of people getting 221g in Canada, and got stuck up there.

    I agree with you that these days it is really hard to get any kind of visa the inherent intent is to deny. I also happen to know of acase first hand where H4 was denied (E-E Memo).




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  • gchopes
    08-04 09:41 AM
    The following message from murhy forum over 3 years ago is still true. Correct? I cannot mail the renewed parole to my wife if she stays beyond the expiry of current parole.
    --
    It is not permissable for an individual to leave the United States during the validity of one Advance Parole document and return upon the validity of a second Advance Parole document.

    In such circumstances and after such travel, the USCIS may deem that the adjustment of status application has been abandoned.

    ---




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  • ruchigup
    08-22 03:56 PM
    Del Rey, Bernsen & Loewy, LLP - San Francisco - just Google them....you should be able to find contact information. They've treated me wonderfully!!
    "Fragomen, Del Rey, Bernsen and Loewy, LLP" are doing my H1-B transfer and I had a good experience dealing with them so far (though brief).

    Only thing is for GC I am little reluctant due to their PERM cases being the traget of audit




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  • PD_Dec2002
    07-22 10:10 PM
    This is my GC application history

    1. PD for Labor - Aug 2003
    2. Labor(Regular) Application Approved - Nov 2005
    3. i-140 applied in Jan 2006
    4. RFE received question was for company not self, i-140 withdrawn.
    5. Transferred my H1 to the companys sister concern and reapplied for i140 in June 2006.
    6. Applied for i140 premium processing on June 22nd, 2007.

    Current status for i-140 : Recieved and pending at Nebraska service center.

    Questions
    Q1. What is i-140 receipt date for premium processing. Is it the date the fed-ex package is recvd by USCIS or is it a date issued by USCIS that should reach my lawyer?

    Q2. If in case the USCIS need to provide my attorney a receipt date, we have NOT received one as yet. Does that mean they have not even looked at the application as yet?

    Q3. Can i apply for i485 in the worst case that i do not receive approval for i140 by Aug 17th under the concurrent filing rule.

    Any assistance would be highly appreciated.

    A1: Receipt date is assigned by USCIS when they re-enter or mark your case as PP. This is different from when FedEx delivered the PP request. In my friend's case, the difference in these two dates was 10 business days. This was in early June and his I-140 was approved in 3 business days.

    A2: Most probably, that is what has happened.

    A3: In Rajiv Khanna's conference call (you can download them from his Web site), he suggested the concurrent filing option when someone asked him a similar question.

    Good luck!

    Thanks,
    Jayant



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  • wandmaker
    02-26 04:37 PM
    10 days back My employer called me and asked provide some more documents , so that they can appeal to USCIS....

    I was working on getting those documents, I was in constant touch with my employer...

    two days back , he suddenly called me and said that as amandment is denied I have to leave US with in next two weeks and they don't want to appeal against the RFE denyl

    If you call a nurse help line and tell them that "my kid living farfaraway city, he is sick, what options do I have to make him recover?" - The answer would be take him to a doctor. Same analogy applies here, Just mentioning 'some more document', 'doubts', 'working on getting those documents' does not give any of us the big picture. Consult an attorney and decide your course of action.




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  • lazycis
    04-06 04:48 PM
    lazycis, jhaalaa, meridiani - Thanks for your inputs...you guys rock. :cool:

    I believe Jhaalaa trying to caution me not to take chances and move to another employer, which could potentially cause RFE to my case. If so, thanks for you concern.

    Meridiani thanks for the doc. I will read through it.

    One more question, when I first filed my LC, I made x dollars, then I got a promotion and now making x+10K. When I move to a new employer, should I make x dollars? or x+10K? or is it okay to make x-10K? :confused:

    See question 5 in the memo.
    http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf
    Salary discrepancies do not really matter. It's certainly OK to make x+10 on the new job. Come on, some LC were filed 5 years ago. In my case my salary almost doubled by the time I-485 was approved (and I was working for a new company as well). It's good to be cautious, but you should not be overly concerned with these issues as the law only says that your new occupation has to be same or similar to that mentioned in LC. The USCIS never implemented the regulations regarding portability. And I never heard of the case where I-485 was denied because of the portability issue (if it was invoked after 180 days).



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  • scorpion00
    10-06 02:43 PM
    Hi Manish,
    I hope everything goes well with you.
    Did the officials call you or come to see you in person?




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  • gparr
    May 23rd, 2005, 07:27 PM
    Thanks to everyone for the feedback. All of it is very helpful and the kind of comments I hope to get for critiques.
    Queen, Chris: Interesting that the white rock bothered you. It didn't me until I cloned it out. It was very distracting.
    Bob: In #1 I focused on the dwarf Joshua tree in the foreground so everything beyond that should be in focus. I think the image suffers from compression and that's why the plantlife looks out of focus in the mid-ground. According to the lens, at f/10 everything beyond 3ft. should be in focus. I can see all of the individual branches in the full-sized image.
    Nik: Not sure I understand what you mean about the polarizer. Didn't know I had that kind of control over the polarized light. Can you educate me?
    Don, Josh, and rr3: My plan in #2 was to make the eye start at the yucca in the bottom right and flow through the image to the back left of the scene. In retrospect Don, you're right. It's too cramped. I only wish it was a crop, but it's full frame so I'm stuck with it. Josh, good point about something to balance the image. Not sure I could have done anything about it but I'll watch for a balancing element next time.
    Queen: I included the path in #2 for that very reason. To get to the base of the rocks would have taken much more hiking time than I had. The next time I go to Vegas, I hope to have time to hike one of those trails and experience the rocks up close. The third image is not a crop. It's a different image shot with my 105mm macro. Wanted to show the color changes in the different rock levels. It is a portion of the second shot.
    Brad: You're right. The timeframe at sunrise and sunset for excellent light is very short. Once that point is past, the light quickly becomes very harsh and seems to start bouncing all over the place. I have minimal experience shooting in such wide open spaces and with massive rock surfaces and found it very challenging both times I was there. The polarizer helped a lot this time, but much of doing these landscapes well seems to be knowing the area and timing and positioning.
    Queen: I'd hire you in a heartbeat, but don't want you to have the misconception that business travel is pleasant. Getting to do a little shooting on the side is a small payback.
    Gary



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  • marlon2006
    06-14 10:52 AM
    Hi RC, that's just a nickname.
    My PD is April 2002. At Nebraska Service Center, I was able to file the I-485 on Feb 2005 and from there we've got our EAD.

    Yes, I know what you are saying about the one income, three people. There are many things to consider. We prefer that my wife invests more time parenting my child, therefore she is working only part-time. Part-time jobs typically are low income. It is hard to put your 1-3 year old child in a daycare full-time, you know. It is not the same than when you take care of your child, at least in my opinion.

    If you ever come to Seattle, just send me a private message and we can organize something here.


    Hi Marlon,

    BTW, did you change your username??
    We are in New York but if we ever come to Seattle we would love to meet you guys. How did you manage to get EAD for your wife? Is it possible on H4 before I-485 is filed and pending?
    We would love to have a baby next year and hope that my hubby will be able to work by then...otherwise it is one income and three of us :(




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  • suren26
    07-24 12:12 PM
    I have question Need Urgent reply

    I have H1B valid till FEB 2009 but it is not stamped on my passport. I entered in US with AP. and my I140 got denied I have sent the appeal and received the receipt for appeal. but after sending I140 appeal my I485 got denied. I have sent appeal for I485. Not received any receipt yet.
    I have renewed my EAD and travel document before I485 denial

    my question Is,am i legal to stay in US. I am just confused reading different posts with different response.
    can some some body help me understand this situation.



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  • cbadari99
    05-18 04:59 PM
    Wont make a major difference overall except take PhD out of the queue.
    Anyway PhDs are very few per year. A lot of PhDs taking
    faculty positions get EB1 anyway so this bill would mainly help those PhDs
    with EB2

    Unfortunately lot of fresh PhDs who apply as EB-1 even after getting a faculty position are usually denied on grounds of lacking enough professional experience. It is not easy to be qualified as a n EB-1 even if you have a PhD. So, most of the PhD's I know are in the EB-2 queue.




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  • GCAmigo
    12-04 09:16 AM
    you should in fact thank the system for letting you to continue on H1 ..



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  • GCBy3000
    11-09 03:32 PM
    Does anyone have exact idea on what is meant my PD portability. I have my i140 approved on locaiton A. Then I moved to location B and started a new labor and filed for 140 last month.

    There was no mention in my second 140 about the old PD. When does exactly I have to mention that I have a PD to use. Is this in 485 stage? When I checked with my attorney he said, I have now two PDs and I can use any of them. But when and how I dont know?




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  • go_guy123
    01-20 12:24 PM
    Short pass plays
    WEST COAST OFFENSE OVERVIEW (http://www.westcoastoffense.com/overview.htm)

    Obama needs to stop Congress from doing the big comprehensive things and focus them on smaller and faster laws that help americans.

    The current healthcare, climate change, immigration reform should be broken up in dozens of smaller bills. They will either pass or he can paint the republicans as siding with the Insurance companies to block access to healthcare for people with pre-existing conditions for example.

    There are lots of parts in Healthcare, Energy, CIS, etc, that can pass right now and he should take a lead on that. Otherwise the base that voted for him in 2008 is not going to turn up in 2010.

    - JZ

    Rightly said all "Comprehensive" are a recipe for failures.



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  • ibbu_arif
    11-17 01:12 PM
    All,

    Any help in answering my queries is appreciated.

    Thanks




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  • sr123
    02-15 10:43 AM
    There are 2 kinds of posts...(1) Which add value to the forum. Threads started for 401K, selecting a lawyer etc add value since they attract new members. (2) The second kind of posts are the ones initiated by people who want to ask questions. This questions tend to be serving individuals.

    I think we should not restrict the first type of posts. There could some kind of charge on the second kind. One suggestion which may work is as follows

    1. Only paying members can initiate threads(or may be allow the first few for free ). Exceptions can be permitted by admins who can review if a post could be useful.
    2. Anyone can post answers to existing threads.

    By the way I am not sure of the technical aspect of the website operations. So please bear with me if my post reflects the same.



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  • meridiani.planum
    02-01 05:23 AM
    thanks for the reply..this means having a dependent visa is the key at the time of approval..

    if the application was approved and the wife was on h4 (but didnot file her i485 yet..) then she could still file for her i485?

    yes. if your wife was on H4, as soon as your 485 is approved, her H4 ends. However since your 485 is getting approved, your PD is presumably current meaning she is eligible to immediately file 485, and get to that as a legal status. If she has a dependent visa approved, and has travelled here thats nice, otherwise she has to file a 485 from your home country as a follow-to-join and htat can take some time for her to travel here.

    There is no 6 month grace period as such. Its just that upto 6 months of out-of-status is forgiven at 485 approval, and since on your 485 approval your H1 ends and so does her h4, it makes her status-less here. Being in that state upto 6 months is forgiven for 485.

    Its most important that you get married before the approval of your 485. Do court-marriage if your PD is current, to be on the safe side, even if the actual ceremony is still a month or two away. When to honeymoon is upto you. Cant let USCIS decide EVERYTHING, can we...




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  • spam
    01-04 12:08 AM
    Hi,

    I just joined this forum. It really looks neat for just 4 days of existence..

    In my view, we need to really differentiate this forum from lot others out their, the name of which I don't have to mention. One way of doing that would be making this an "action forum" than another information forum. As a starting point we should have clear vision and mission statements.

    Vision should be strong and action oriented. Not like "helping the immigrant community." I would propose " Inspiring/Organizing legal immigrants to realize/understand their rights and play their part in securing/achieving them.." or something like that.

    Mission statement should be the priorities (again actions/tasks/goals) per year, set in the beginning of every year..

    I propose the following for this year:

    1. Making sure Retro relief is put in and passed in the Immigration reform bill
    2. Identify and tie-up with at least 2 high power partners
    3. Some relief for people affected by FBI name check -- This could be long shot, but I am putting it anyway because it is close to my heart:-))
    4. Others..

    I will stop my onslaught and get ready to hear your good/bad comments..

    Thanks




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  • cool_guy_onnet1
    06-01 01:56 PM
    If we can generate decent noise on 7K "active" members, 50K with "Don't touch my cheese mentality" can create a whole lot! Lets not kick the wall and try to find the door!

    i dont get it...how come programmers guild gets a say in everything when they cant even get members to join or to even get people to be on their board of directors?

    i have not seen one resume of an american tech worker that lists programmers guild as an association they belong to. Still.. how to they get solicited for opinions every day and Kim Berry keeps using strong rheotric to influence public opinion? What about his war on legal immigrants?

    "Board Members
    Kim Berry (Sacramento, CA)
    Valerie Chau (San Diego, CA)
    John Miano (New Jersey)
    Mark Powell (Westminster, CA)
    (three openings)
    Officers
    President: Mr. Kim Berry (Sacramento, CA)
    Secretary: (open)
    Treasurer: John Miano (New Jersey)
    Membership Chairman: Valerie Chau (San Diego, CA)
    V.P. Governmental Relations: Mark Powell (Westminster, CA)
    Newsletter Editor: Open
    Newsletter Coeditor: Open
    V.P. Public Relations: Open
    V.P. Advertising: Open
    Press Releases: Open
    Assistant webmaster: Open
    (If you would like to contribute to our cause in another way, please contact us.)

    The Programmers Guild is incorporated "




    tabletpc
    12-15 11:54 AM
    Atul555:

    Cool down. Nothing to be warried. Since you are married, 485 is not of much help. So you should think of maintaining h1b in order to keep your wife status h4.

    1. With cool mind start applying for jobs, increase network. To be on safer side. find a good consultant. Ping me if you need help in finding a good consulatant. Yes when say good consualtant..he is good...!!!!

    you still have 4 months time. SO cheer up.

    My 2 cents..don't think of using EAD & keeping u r wife on foloow to join blah blah....!!!!

    Also if you change your job , your GC journey you had so far will not get wasted. You don't have to file Labour/i-40 again. Make sure the new job is same or similiar. Discuss with your potential employer, they will help you.

    Whats your area of work..??Are you into IT...????

    My company is surplussing me among other employees to be laid off around Apr 2009.
    My case is as follows:
    Case EB3 India
    PD Mar 2004
    Labor and I-140 approved
    I-485 filed during Jun-Jul 2007 rush, FP done, waiting for PD to become current

    Right now I am working on H1-B extension, and to make things complicated, I got married in Jul 2008 and brought spouse on H4.

    I am not sure which avenue is the best for me, I would appreciate your input.
    Thanks,




    illinois_alum
    05-27 09:35 PM
    See answers in Blue below

    Can you please help, if there are some instructions handy. I am having difficulty for following fields

    1. Manner of Last Entry : I think it should be PAR:PAROLEE YES. I USED SAME FOR MY WIFE
    2. Current Immigration Status : Again think should be PAR:PAROLEE YES

    3. There is a field where it asks for previous EAD's. I am not sure of the date when i applied last time, what date i should put, the date from which EAD is valid ?
    I take this has to be the date of application. We didn't remember the exact application date for one of the EADs - we entered an approximate Date
    4. Also i have applied for EAD twice, do we need to put the information for both of them. The information is not required...but its better to enter it

    5. Other Names/Aliases : I think it should be 'None' in my case as i never had any other name, am i right or should it be left blank.

    6. for Eligibility status i think the value should be : (c)(9) FILED I-485 YES

    I am in EB2, pririty date Aug 2006. last entry to US Jan 2010 using Advance Parole.

    Thanks and appreciate your help.



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