Wednesday, June 8, 2011

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  • tuhin
    07-16 12:53 PM
    Hello,

    I have a general question on EB# to EB2 porting and was hoping if I could get any advice here. I have a labor filed under EB3 in 2005. I got my EAD in 2007 (thanks to the floodgates that opened in July). Now I am planning to move to a different employer in a much better role. The future employer is a startup, and is a little hesitant on transferring H1B, but will file for my labor in EB2 category and will work on porting my priority date.

    That means, I will have to drop my H1 (valid through 2012) and will be on EAD. Is it possible to file for EB2 and port from EB3 later on, if H1 visa is dropped and I am in solely on EAD?

    Thanks for going through my post.





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  • gcnotfiledyet
    06-23 02:54 PM
    White House Says Immigration Reform Unlikely in �09 - Roll Call (http://www.rollcall.com/news/36115-1.html)

    Still unlikely I would not take a word from Gibbs. He never knows anything.





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  • eilsoe
    10-03 07:58 AM
    Actually lost, that's not a basic form, i do it all the time!! :P

    It's the easiest way really. The gradient tool sometimes gives you weird colors when fading to tranparent..

    Nice one lost! :P





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  • sathishav
    03-07 09:51 AM
    Once you I140 is approved, you lock the PD. Only time you lose it is, if USCIS cancels it for fraud.

    Else, layoff or revocation does not matter. You just have to start another new PERM again.



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  • nixstor
    07-11 11:09 AM
    Why not? USCIS already approved 60K 485 applications in 2 weeks time. How come they cannot do the same with some extra money (i.e. premium processing). They can do anything if want to do.
    :mad:

    Premium processing does not necessarily mean that it should be done in 15 days. It depends on the complexity of the application. We all know how complex 485 is because of the name check.

    The premium processing can cost 1000-1500/more for 485 and should be done in 6 months. They can use the PP money to expedite their name checks. I am not sure what kind of issues USCIS will have implementing this





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  • eb2_485_mess
    08-29 06:45 PM
    did you ask them if the processing date on the website includes applications received on July 2 also? I know it is not clear... but maybe if you had asked them...?



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  • hsm2007
    09-21 07:42 AM
    Does it matter if it is Junior attorney or senior attorney in Murthy firm. I am not getting any appointments with senior until Friday.




    First thing you need to do is setup a 30 min - 1 hour appointment with an experienced Attorney (Khanna/ Murthy/ Ron) You can have a telephonic discussion. Do not think about money and go for the best.

    During discussion bring up the topic of new employment (C) as well .

    If you have the format from your current company attorney , show it to them .

    It might be simpler then you are thinking.





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  • ronnie0479
    08-15 11:54 PM
    Hi -

    Does anyone have good or bad experiences with Indian immigration officers in the airport with AP while coming back to US?

    I mean, do these guys know what an AP is?

    Is it better to get the H1B stamping done?

    I am sure folks on this forum will be going to India for the winter vacations, so any responses would benefit a lot of people..

    what has indian immigration officer to do with AP and US immagration.....



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  • vybe3142
    07-25 12:03 AM
    thanks much, ...

    i was just worried about not having a salary for those 90 days or so would affect my whole GC process.
    Yes, my I140 WILL be revoked. I'm on good terms with my previous employer and this is just something they will be doing to protect their interests.





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  • Alien
    02-09 11:22 PM
    Is Canada an option? Its a safe bet to get it stamped in Canada.You will get your passport back the same day or the next. You shouldnt have any problem related to transit visa as long as you stay inside the airport.Check with the respective consulates.



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  • sanjay02
    11-22 04:49 PM
    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





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  • synergy
    12-03 10:10 PM
    If I am going to get a new H1B ,do I still need to invoke AC21?

    I am also in same boat, I was gathering information on the same and found different solutions.

    1)To be on safer side you can transfer H1B and also invoke AC21 to the new employer, if the new employer is willing to support,
    2)If H1B is not revoked by the old employer then Yes , you can work on EAD or H1B for the same old employer
    3) since I140 is approved for more then 6 months, you are safe, he may not have options to revoke I140.
    4)If you have validity of H1B stamping on your passport then no need of using AP as well to go in and out of country, even after using EAD.

    please advice on the same, good questions synergy.



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  • freddyCR
    January 5th, 2005, 08:07 AM
    Just some saturation on the reds...but that's how it looks in real life





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  • ayazali17
    12-18 07:08 PM
    One more question. Does a person with EAD (I-766) considered a permanent legal resident? The reason why i asked is because i was filling out a form to open a Scottrade account, i was stumped on this question, so i thought i asked someone here to verify.
    Thanks for answering.



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  • swamy
    12-24 10:46 AM
    Hi

    Will the email i sent have any advantage to him?

    Please help

    Thanks
    MRD

    Nope - it does not legally bind you though it hurts your credibility.





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  • sjhugoose
    February 20th, 2004, 07:15 AM
    I don't know about the wide angle lenses, but I don't think that would help that much in the dof problem you have.

    Use this DOF calculator for your camera:

    http://dfleming.ameranet.com/dofjs.html

    The Sony at 38mm 12 inches away at f8 give you a near of of 11.8 and a far of 12.1. At 28mm 12 inches away you can get a near of 11.7 and far of 12.3.

    If you play a bit with the calculator there, you can get an idea of the dof you can achieve with or without the wide angle lenses.

    Olga


    Olga,

    I don't mean to step on your toes here but I think you've missed something. The sony is a 38mm equivalent. I believe its actually a 9.7mm-48.5mm lens and these numbers should be used for calculating the DOF, unless the calculator says otherwise. In this case you can obtain the DOF that Daniel desires and it may actually be easier with a digicam than with an SLR based camera. AHHH I thinkI just suggested a digicam is better than a SLR.

    Scott



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  • Hassan11
    03-26 11:34 AM
    Thanks Kingkon. I heard the appeal takes no more than a year. but DOL in Atlanta keeps telling my HR manager that they are backlogged. I am not sure what to do.


    I had my EB2 LC rejected and the reason that DOL gave was they were not able to contact the employer and/or employer did not respond to their correspondence. Lawyer gave me two option to refile (I will lose PD) or appeal. This was in 2005 when PERM had just started and the lawyers said they did not know how long the appeal process takes in PERM since it was new system. To cut the story short I received the approved LC within 45days of appeal, but my case was a simple one I think. Your case it a bit different but in no case an appeal should take 1.5 years at least in PERM.





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  • ozone123
    07-16 09:20 PM
    Just posted this reply at http://www.numbersusa.com/helpform

    Hello,

    I happened to come across your fax initiative "Ask your Members of Congress to oppose the SKIL Act H-1B increases".

    Seems like you have got many facts wrong.
    I'm surprised that an advocacy group as yours would try to make statements that would dilute your own credibility.

    Below are some corrections,

    "(1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies."

    The above statement is a matter of perspective. People can still come on visitor visas and have babies here.In any case, I personally do know of people who have gone back to their own countries to have their babies.

    "(2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers."

    The above statement in COMPLETELY incorrect.
    Everyone on H1-B is required to pay federal, state, medicaid, Social Security and other taxes that any other native employee would pay.
    On the other hand, H1-B employees dont stand to gain from the Social Security when they relocate back to their country after 6 years.

    (3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.

    This is incorrect too.H1-B requires labor clearance and specific skills, even for h1-b transfers.

    (4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.

    You got to be kidding.There is no such thing.
    I would appreciate it if you can quote any official source of this info.


    Well,I'm sure that the well versed senators and congressmen will be aware of these facts, and you are only losing you own credibility with them.
    The trust will be out soon.

    Sincerely.
    XXXXX





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  • jay75
    07-12 10:19 PM
    Count me in for this law suit. I'm willing to contribute money for this.

    Most people think law suit is a bad thing, but that is not right. In a democratic country law suit is the right way to deal with things. We are legal immigrants, we have all the rights to file a law suit, but with full support of IV.

    People have already filed a law suit on the same day the President signed the bill! (yesterday, the wire tapping bill...)

    By filing a law suit, all we are trying to do is to fix the laws which are not working. Basically, we are doing the right thing. Not only us, but future Legal immigrants will be benefitted, they don't have to go thru what we had to...

    Here are the things that needs to be fixed...

    1. Country quota
    2. Recapturing visas.
    3. 3 year EAD/AP
    4. End the endless wait ( Proposing a new law )
    5. Remove the same/similar confusion in AC21


    What is "End the endless wait" ?

    EAD is a very good example, If 90 days have passed after filing EAD, you have the option to go to a local USCIS office and get a temp one. We should have a similar option for all the peper work. For example, each and every stage in green card process should have a a day count for processing. Like name check should be completed in 180 days.

    Basically, when we receive any receipt notice, it should have a statement which reads "We have received your application and we will take action within 180 days. If we fail to act by MM-DD-YYYY, Please go to the nearest USCIS for approval.."

    Sounds little ambitious ?? well, we are not asking for too much, just a day count. Lets say if the whole Green card process takes 3 years or 10 years based on the day count for each stage, people can decide whether they want to immigrate to USA with a clear idea that it will take x days to become a permanent resident ( like how it works in all other countries except USA)

    Even a person jailed gets to know how long he is going to spend his time behind bars, but we do not know when we will be free from this immigration mess!
    __________________
    Attended the DC Rally
    Contribution: $150
    Sent letters to President/IV
    Status : I-485 pending, PD Feb 2005, EB3 - India





    dixie
    09-05 05:47 PM
    Not sure what happens technically to the old CIR, but most likely both the senate and house will throw away their respective bills and start from scratch.

    I have a hypethetical situation

    1. Say in the election Dems get both house and Senate AND
    2. No compromise happens in CIR at Lame Duck Session too. Also
    no SKILL passes too AND

    3. New winners Sworn in and its congress controlled by Dems.

    Now what is the status of the CIR that was passed in the senate and
    that house bill passed? Does it expire or go annul? Or can these
    new members come a compromise on that? What could be the attittude of the congress member towards it? It would be really interesting to know the
    legal sides and political attittude of lawmakers to it.

    thanks





    logiclife
    03-18 02:21 PM
    H.R.133 : To amend the Immigration and Nationality Act to deny citizenship at birth to children born in the United States of parents who are not citizens or permanent resident aliens.
    Sponsor: Rep Gallegly, Elton [CA-24] (introduced 1/4/2007) Cosponsors (5)



    That law is unconstitutional. INA doesnt say that everyone born in United States is a citizen. Even the Constitution says that. To deny birth-right citizenship to anyone (children of legal or illegal residents) would require constitutional amendment.

    Constitutional amendment is not a joke. This bill is a rhetorical statement, not an intent to legislate it.



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