ski_dude12
10-08 11:40 PM
I remember the anticipation among IV members before the monthly bulletin came out. As many EB2 folks have got GC looks like the craze has died down. Very few replies to the visa bulletin thread.
I wish everyone gets their GC's sooner than later.
I wish everyone gets their GC's sooner than later.
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485Mbe4001
02-18 07:55 PM
If anyone is from Augusta and wants to put up flyers in the temple there please send me a PM. I might be able to help.
masala dosa
08-31 06:36 AM
It is an interesting question i am also worried about. I was told by my company attorney that i need to file I-140 asap as USCIS is in process of changing how long you can wait with approved LC before filing I-140. Once you have I-140 approved, basically you can come back to the US on an H-1 to work for the company (you will need a new h-1, even if you have a 3 yr. extension based on approved I-140). Then if and when the priority dates become current you should be able to file for I-485
Can someone tell what happens if in a similar situation one takes a ONE YEAR sabbatical to puruse educatin abroad.
for exampe MBA from INSEAD
Can someone tell what happens if in a similar situation one takes a ONE YEAR sabbatical to puruse educatin abroad.
for exampe MBA from INSEAD
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crazymish
04-13 04:01 PM
All: I applied for advance parole on Feb -9 , delivered Feb -11. I filed under new fees structure and hence I am exempt from fees. I clearly mentioned that in the letter. However, till date I have received no receipt. How should I handle this?
Just as a follow up, The receipt notice arrives 30 days after the application; we got our receipt notice approximately 30-35 days after the application was received. Now we are awaiting to see if the Advance Parole is approved. Incidentally fingerprinting was also required and we had been to the ASC center for fingerprinting this past friday. The FP notice came after the AP package was received by USCIS. I believe they are running FP as a normal turn of events when applying for FP for most individuals if not all.
Just as a follow up, The receipt notice arrives 30 days after the application; we got our receipt notice approximately 30-35 days after the application was received. Now we are awaiting to see if the Advance Parole is approved. Incidentally fingerprinting was also required and we had been to the ASC center for fingerprinting this past friday. The FP notice came after the AP package was received by USCIS. I believe they are running FP as a normal turn of events when applying for FP for most individuals if not all.
more...
Leo07
10-17 02:19 PM
Pappu, I have not sought outside legal help, barring the legal advice of both firms paralegal.
I was told that the 'successor of interest' form will take care of the Labor, but the 140 will need to be filed again.
Do you want me to take other legal opinions as well? ( application is already mailed)
Do you absolutely need to file a new I140?
Have you sought other outside legal opinions on this matter?
I was told that the 'successor of interest' form will take care of the Labor, but the 140 will need to be filed again.
Do you want me to take other legal opinions as well? ( application is already mailed)
Do you absolutely need to file a new I140?
Have you sought other outside legal opinions on this matter?
GCBy3000
04-26 02:52 PM
I work for TOP 10 and background check is very serious here after enron debacle.
We interviewed several people and offered positions. To my surprise there are huge number of people fail the stringent background check of my company. They do it through private firm I beleive. They check all the previous employment, school / college records etc etc. Scary if you commit even a small offense like drunk and drive, etc etc and it affects your career.
THE FAILED persons are all CITIZENS.
What makes you say they can not check your previous salary if you hold GC/Citizenship. This does not seem right.
Actually it depends upon company to company how much background check they do and not on your visa status.
We interviewed several people and offered positions. To my surprise there are huge number of people fail the stringent background check of my company. They do it through private firm I beleive. They check all the previous employment, school / college records etc etc. Scary if you commit even a small offense like drunk and drive, etc etc and it affects your career.
THE FAILED persons are all CITIZENS.
What makes you say they can not check your previous salary if you hold GC/Citizenship. This does not seem right.
Actually it depends upon company to company how much background check they do and not on your visa status.
more...
Ann Ruben
01-26 10:05 PM
The officer who interviewed you was absolutely incorrect. If you have maintained valid H-1B status you are NOT required to obtain an Advance Parole in order to travel without abandoning your AOS application.The following text from the USCIS Adjudicator's Field Manual makes this clear:
__________________________________________________ ______________
USCIS Adjudicator’s Field Manual, Chapter 23.2
…….(2) Exceptions to the General Rule .
Certain applicants for adjustment of status before USCIS are not considered to have abandoned their applications simply by having departed from the U.S., even if they did not obtain an advance parole prior to their departure. The following aliens fall within the exceptions to the general rule:
(A) H and L Nonimmigrants with “Dual Intent.”
Under 8 CFR 214.2(h)(16)(i) and 8 CFR 214.2(l)(16) , H-1B, H-1C, L-1A, and L-1B nonimmigrants, and their dependent family members in H-4 or L-2 nonimmigrant classification, may be eligible to maintain and extend their nonimmigrant status while their applications for permanent residence under section 245 of the Act remain pending. The approval of a labor certification or preference visa petition or the filing of an adjustment of status application may not be the basis for a denial of an application for extension of stay by an H-1B, H-1C, or L-1 nonimmigrant or an application for change of status within the H-1B, H-1C, or L-1 classifications.
As long as an H-1B, H-1C, and L-1 nonimmigrant remains compliant with his or her nonimmigrant classification, including restrictions on periods of stay, changes in employers, and conditions of employment, the mere fact that he or she has filed an application for adjustment of status does not render him or her ineligible for an extension of nonimmigrant status. Similarly, the mere fact than an alien has filed an application for adjustment of status does not make him or her ineligible for nonimmigrant classification as an H-1B, H-1C, or L-1.
Under 8 CFR 245.2a(4)(ii)(C) , H-1/H-4 or L-1/L-2 nonimmigrant adjustment of status applicants who are not in exclusion, deportation, or removal proceedings are not required to seek advance parole to travel abroad. They may be readmitted to the United States in the same status they maintained at the time of their departure, provided that they are able to demonstrate to the immigration officer at a port of entry that they:
• remain eligible for H-1/H-4 or L-1/L-2 classification,
• are in possession of a valid H-1/H-4 or L-1/L-2 nonimmigrant visa (if a visa is required), and
• are coming to resume employment with the same employer for whom they had been authorized to work as an H-1 or L-1 nonimmigrant (or, in the case of dependents, the spouse or parent through whom they received their H-4 or L-2 status is maintaining his or her H-1 or L-1 status).
If there has been a recent change of employer or extension of stay, the applicant, in order to comply with the third requirement noted above, must have evidence of an approved I-129 petition in the form of a notation on the nonimmigrant visa indicating the petition number and the employer’s name, or a notice of action, Form I-797, indicating approval.
__________________________________________________ _______________________________________________As you can see, there is no requirement that the AOS application be employment based. The regulation, 8 CFR 245.2a(4)(ii)(C) clearly applies to all H-1/H-4 and L-1/L-2 nonimmigrants, and not just those adjusting status based on employment.
Ann
__________________________________________________ ______________
USCIS Adjudicator’s Field Manual, Chapter 23.2
…….(2) Exceptions to the General Rule .
Certain applicants for adjustment of status before USCIS are not considered to have abandoned their applications simply by having departed from the U.S., even if they did not obtain an advance parole prior to their departure. The following aliens fall within the exceptions to the general rule:
(A) H and L Nonimmigrants with “Dual Intent.”
Under 8 CFR 214.2(h)(16)(i) and 8 CFR 214.2(l)(16) , H-1B, H-1C, L-1A, and L-1B nonimmigrants, and their dependent family members in H-4 or L-2 nonimmigrant classification, may be eligible to maintain and extend their nonimmigrant status while their applications for permanent residence under section 245 of the Act remain pending. The approval of a labor certification or preference visa petition or the filing of an adjustment of status application may not be the basis for a denial of an application for extension of stay by an H-1B, H-1C, or L-1 nonimmigrant or an application for change of status within the H-1B, H-1C, or L-1 classifications.
As long as an H-1B, H-1C, and L-1 nonimmigrant remains compliant with his or her nonimmigrant classification, including restrictions on periods of stay, changes in employers, and conditions of employment, the mere fact that he or she has filed an application for adjustment of status does not render him or her ineligible for an extension of nonimmigrant status. Similarly, the mere fact than an alien has filed an application for adjustment of status does not make him or her ineligible for nonimmigrant classification as an H-1B, H-1C, or L-1.
Under 8 CFR 245.2a(4)(ii)(C) , H-1/H-4 or L-1/L-2 nonimmigrant adjustment of status applicants who are not in exclusion, deportation, or removal proceedings are not required to seek advance parole to travel abroad. They may be readmitted to the United States in the same status they maintained at the time of their departure, provided that they are able to demonstrate to the immigration officer at a port of entry that they:
• remain eligible for H-1/H-4 or L-1/L-2 classification,
• are in possession of a valid H-1/H-4 or L-1/L-2 nonimmigrant visa (if a visa is required), and
• are coming to resume employment with the same employer for whom they had been authorized to work as an H-1 or L-1 nonimmigrant (or, in the case of dependents, the spouse or parent through whom they received their H-4 or L-2 status is maintaining his or her H-1 or L-1 status).
If there has been a recent change of employer or extension of stay, the applicant, in order to comply with the third requirement noted above, must have evidence of an approved I-129 petition in the form of a notation on the nonimmigrant visa indicating the petition number and the employer’s name, or a notice of action, Form I-797, indicating approval.
__________________________________________________ _______________________________________________As you can see, there is no requirement that the AOS application be employment based. The regulation, 8 CFR 245.2a(4)(ii)(C) clearly applies to all H-1/H-4 and L-1/L-2 nonimmigrants, and not just those adjusting status based on employment.
Ann
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spicy_guy
08-05 01:54 PM
I think he should consider awarding citizenship to LONG waiting GC applicants. :D
more...
kumaabh
02-06 03:08 PM
Ask your company to demote you to developer position once u get ur green card. GC is for a future job position.
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pxkuma
04-07 08:20 PM
There is absolutely no reason to fear. I also work for a TARP recipient. In January, I received a 3 year extension beyond the 6th year.
I went to Toronto last week for my H1B stamping. At no point of time, did anyone ask about TARP or any ramifications related to it. All talk of no H1B extensions beyond 6 years is absolutely false. Also, I can't imagine the BofA case rejection to be true either.
I went to Toronto last week for my H1B stamping. At no point of time, did anyone ask about TARP or any ramifications related to it. All talk of no H1B extensions beyond 6 years is absolutely false. Also, I can't imagine the BofA case rejection to be true either.
more...
pthoko
06-19 12:43 PM
Does the affidavit for Birth be on Stamp paper?? All those who have obtained affidavits, please advise.
Thanks.
Thanks.
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smaram1
08-12 07:57 AM
Thanks for the reply (myvoice123 and anilvt)...that gives some hope...i am seeing conflicting comments/replies from IO's on applying 180 day rule...needless to say i am stuck in NC..
more...
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drsilver
July 5th, 2006, 05:27 PM
OK, I've got it all figured out. (I confess, I've got nothing figured out, but it felt good to write that.)
Spent the long weekend reading up on this digital camera stuff and I've decided to go Nikon. Made this decision because I've got a relationship with their systems and some good, old glass that can still be used. Maybe not the best situation with new technology, but certainly not useless.
My quandary now is whether to go with a new D200 or a good used D70. In the past, that would have been an easy decision. When these were the tools of my trade, I was always shooting with one-generation-old technology. When everyone else was shooting with F3s, I used F2s. When the F4 came out, I snatched up a couple of discarded F3s. Made plenty of fine pictures that way.
My concern now is the pace of technology change. Digital photography is in its infancy. One reviewer's opinion is that 1 digital year is about 25 human years. So, 4-year-old digital technology is from the stone age.
Is that really true? It sounds like the D70 is a pretty good, battle-tested box which, over the last few years, has made a ton of perfectly fine images. Is it worth spending twice the money to get the newest and bestest?
One thing that caught my eye is that it sounds like the D200 is quite a bit sturdier than its older brother. I used to beat the snot out of my equipment back in the day, so that was important. Now, probably, not so much. I did read, though, that all the buttons and doors and every possible opening in the D200 is gasket sealed. I live in Seattle, so any camera I own is gonna get rained on. That's a big selling point for me.
I also read that the D200 will also work a little better with my old manual-focus lenses; mainly in the metering department. But neither will let you swap out the viewfinder glass, so I'm stuck with straight ground glass. That was never easy to focus on and my eyes aren't any younger. Guess I'll eventually be investing in at least a few AF lenses.
Tip (or rant, depending on your disposition) Of the Day
(I'm trying to give as much as I take on the board):
As far as camera metering is concerned, it doesn't interest me all that much. If you're at all serious about photography, get yourself a hand-held incident meter. I looked on Ebay yesterday and they're giving them away. You can get a Minolta Autometer IIIF for around $50 or a Flashmeter IV for less than $100. This is the most indispensable piece of equipment I own.
All camera meters are reflective. Personally, I want to know how much light is falling on the bridge of my subject's nose. Skin tones vary tremendously, so I'm not as interested in how much is bouncing back.
No matter how sophisticated a camera's metering system, it's still giving you some kind of a reflective average of some part of the scene. That's usually a good-enough approximation, but it's not exactly what you're looking for. You're better off exposing for the light coming in and letting the reflections take care of themselves. 90% of the time, there will be one part of the scene that you want to expose exactly correctly. The rest can be taken care of by looking in the viewfinder. If there are highlights that are going to blow, move your subject or yourself to an angle that either eliminates them or complements you point of emphasis. When all else fails, you can fix extremes with post-processing.
I've heard folks say that using a hand-held meter is too cumbersome. Takes too much time in fast-moving situations. I call BS. Figuring out whether to use matrix metering or center weighted or 10 or 3 or 1 degree spot or histograms or whatever, then trying to guess what the camera is thinking. That's cumbersome.
I was a photojournalist and shot more than my share of all kinds of action. I always had time to take 5 seconds to get a good incident reading. If you're indoors, walk over and take a reading by your subject. If you're outdoors, stand in light similar to your subject. (No matter how far you are from your subject you're both pretty much the same distance from the sun.)
Anyway, back to my original question. Are there any D70 users out there willing to share their thoughts on this box? Has anyone upgraded to a D200? How did it work out?
Thanks again,
--ken
Spent the long weekend reading up on this digital camera stuff and I've decided to go Nikon. Made this decision because I've got a relationship with their systems and some good, old glass that can still be used. Maybe not the best situation with new technology, but certainly not useless.
My quandary now is whether to go with a new D200 or a good used D70. In the past, that would have been an easy decision. When these were the tools of my trade, I was always shooting with one-generation-old technology. When everyone else was shooting with F3s, I used F2s. When the F4 came out, I snatched up a couple of discarded F3s. Made plenty of fine pictures that way.
My concern now is the pace of technology change. Digital photography is in its infancy. One reviewer's opinion is that 1 digital year is about 25 human years. So, 4-year-old digital technology is from the stone age.
Is that really true? It sounds like the D70 is a pretty good, battle-tested box which, over the last few years, has made a ton of perfectly fine images. Is it worth spending twice the money to get the newest and bestest?
One thing that caught my eye is that it sounds like the D200 is quite a bit sturdier than its older brother. I used to beat the snot out of my equipment back in the day, so that was important. Now, probably, not so much. I did read, though, that all the buttons and doors and every possible opening in the D200 is gasket sealed. I live in Seattle, so any camera I own is gonna get rained on. That's a big selling point for me.
I also read that the D200 will also work a little better with my old manual-focus lenses; mainly in the metering department. But neither will let you swap out the viewfinder glass, so I'm stuck with straight ground glass. That was never easy to focus on and my eyes aren't any younger. Guess I'll eventually be investing in at least a few AF lenses.
Tip (or rant, depending on your disposition) Of the Day
(I'm trying to give as much as I take on the board):
As far as camera metering is concerned, it doesn't interest me all that much. If you're at all serious about photography, get yourself a hand-held incident meter. I looked on Ebay yesterday and they're giving them away. You can get a Minolta Autometer IIIF for around $50 or a Flashmeter IV for less than $100. This is the most indispensable piece of equipment I own.
All camera meters are reflective. Personally, I want to know how much light is falling on the bridge of my subject's nose. Skin tones vary tremendously, so I'm not as interested in how much is bouncing back.
No matter how sophisticated a camera's metering system, it's still giving you some kind of a reflective average of some part of the scene. That's usually a good-enough approximation, but it's not exactly what you're looking for. You're better off exposing for the light coming in and letting the reflections take care of themselves. 90% of the time, there will be one part of the scene that you want to expose exactly correctly. The rest can be taken care of by looking in the viewfinder. If there are highlights that are going to blow, move your subject or yourself to an angle that either eliminates them or complements you point of emphasis. When all else fails, you can fix extremes with post-processing.
I've heard folks say that using a hand-held meter is too cumbersome. Takes too much time in fast-moving situations. I call BS. Figuring out whether to use matrix metering or center weighted or 10 or 3 or 1 degree spot or histograms or whatever, then trying to guess what the camera is thinking. That's cumbersome.
I was a photojournalist and shot more than my share of all kinds of action. I always had time to take 5 seconds to get a good incident reading. If you're indoors, walk over and take a reading by your subject. If you're outdoors, stand in light similar to your subject. (No matter how far you are from your subject you're both pretty much the same distance from the sun.)
Anyway, back to my original question. Are there any D70 users out there willing to share their thoughts on this box? Has anyone upgraded to a D200? How did it work out?
Thanks again,
--ken
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jsb
01-28 02:03 PM
per my OP, my physical receipt said my "RECEIPT date" is July 30th.
but the ONLINE status said "it was RECEIVED on Sept 5th"\
I was mainly concern about the wording on the online statis "received on..."
how did you determine I was a NSC-CSC-NSC transfer case from that?
I am a little confused here.
thank you very much
Systems were designed when as soon as mail was recieved, it was entered in the system. Therefore, for practical purposes, data entry date was the receive date. Many centers, when they claim, "we process cases in order we receive them...", or "our processing is within prescribed time schedule limits...", they treat this data entry date as the received date (as they think until it reached them for data entry, it is not their responsibility). When files are shuffled around, there may be a big difference in these dates, but no one has ever clarified that issue.
but the ONLINE status said "it was RECEIVED on Sept 5th"\
I was mainly concern about the wording on the online statis "received on..."
how did you determine I was a NSC-CSC-NSC transfer case from that?
I am a little confused here.
thank you very much
Systems were designed when as soon as mail was recieved, it was entered in the system. Therefore, for practical purposes, data entry date was the receive date. Many centers, when they claim, "we process cases in order we receive them...", or "our processing is within prescribed time schedule limits...", they treat this data entry date as the received date (as they think until it reached them for data entry, it is not their responsibility). When files are shuffled around, there may be a big difference in these dates, but no one has ever clarified that issue.
more...
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rameshk75
08-15 08:59 AM
Here is my situation:
My sponsoring company 'A' was acquired by company 'B' last month and name changed to company 'B' with B's pay stubs.
Am on H1 now and i applied my 485 in August 2007 with 140 approved in May 2007.
Company B informed me that they informed USCIS regarding the acquisition(i don't what they mean !!).
Questions:
1. How is my green card process proceeds with company 'B'? Should the company 'B' file I140 amendment or is there any thing they have to take care?
2. Can i join with company 'C' by invoking AC21?
Please share your thoughts and experiences.
My sponsoring company 'A' was acquired by company 'B' last month and name changed to company 'B' with B's pay stubs.
Am on H1 now and i applied my 485 in August 2007 with 140 approved in May 2007.
Company B informed me that they informed USCIS regarding the acquisition(i don't what they mean !!).
Questions:
1. How is my green card process proceeds with company 'B'? Should the company 'B' file I140 amendment or is there any thing they have to take care?
2. Can i join with company 'C' by invoking AC21?
Please share your thoughts and experiences.
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LOL123
07-30 11:25 AM
I am currently working on EAD. My current EAD expires on September 9th 2008. I have e - filed for the renewal EAD on June 13th. The way Texas center is processing it may take a while befoire i get the renewal EAD. My question is - Can I continue working on EAD with the receipt notice of renewal EAD?
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bidhanc
07-30 07:03 AM
Brasil,
You should contact your local Congressman and Senator ASAP.
Seeing that you are a legal immigrant paying taxes and being put thru obstacles, they should surely be willing to help you out.
Getting the driver's license is not the problem, I know it will come. Problem here is why I cannot drive outside SC for up to 60 days waiting for the DL card? Remember I've to surrender my old SC license. This is serious limitation to my work, e.g. I need to go to Atlanta on 08/19 and I cannot drive there.
In September I will go to Italy, what if I don�t get my DL till then?
And you say �Not sure why you thought of it as being punished�
This is ridiculous
You should contact your local Congressman and Senator ASAP.
Seeing that you are a legal immigrant paying taxes and being put thru obstacles, they should surely be willing to help you out.
Getting the driver's license is not the problem, I know it will come. Problem here is why I cannot drive outside SC for up to 60 days waiting for the DL card? Remember I've to surrender my old SC license. This is serious limitation to my work, e.g. I need to go to Atlanta on 08/19 and I cannot drive there.
In September I will go to Italy, what if I don�t get my DL till then?
And you say �Not sure why you thought of it as being punished�
This is ridiculous
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augustus
09-10 12:56 PM
Dear All,
Thank you for your advice. You were all right. We got both our FP notices and both are in the same day.
I really want to appreciate all your responses.
Take Care and let us be united always.
Thank you for your advice. You were all right. We got both our FP notices and both are in the same day.
I really want to appreciate all your responses.
Take Care and let us be united always.
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a_yaja
07-17 10:31 AM
To the best of my knowledge you can not file for AOS while you are on TN . To process your green card you have to switch to your H1B from TN and start your green card as any other national i.e file for your Labor certification, I-140 and then i-485 .This process is same like any other national. All the best.
You can file for AOS from any status. The only problem will be that you cannot renew your non-immigrant visa unless it is a dual intent visa like H1B, L or O.
Since you are a Canadian citizen, I am assuming that you don't actually have to get a H1 visa stamped on your passport (I may be wrong - check with your attorney). When you enter the US, you should be able to show all your documents for H1B approval (LCA application, approved petition, etc - I don't remember the entire list) and get an I-94 with H1B status and expiry date.
As far as AOS petition is concerned, I think it is considered adandoned unless you are on a valid H1 or L status. Since you are on TN status and you will be leaving the country on TN status, your application might be considered adandoned. You will have to talk to an attorney and find out if you can travel out of the country.
You can file for AOS from any status. The only problem will be that you cannot renew your non-immigrant visa unless it is a dual intent visa like H1B, L or O.
Since you are a Canadian citizen, I am assuming that you don't actually have to get a H1 visa stamped on your passport (I may be wrong - check with your attorney). When you enter the US, you should be able to show all your documents for H1B approval (LCA application, approved petition, etc - I don't remember the entire list) and get an I-94 with H1B status and expiry date.
As far as AOS petition is concerned, I think it is considered adandoned unless you are on a valid H1 or L status. Since you are on TN status and you will be leaving the country on TN status, your application might be considered adandoned. You will have to talk to an attorney and find out if you can travel out of the country.
subba
01-04 04:06 PM
I know we missed the Dec 31st goal, but sounds like we brought in new members at a faster pace than in the past.
Hopefully all these new memebers will be active participants and donors.
Hopefully all these new memebers will be active participants and donors.
gdilla
02-28 12:14 PM
One option for you would be to consider looking for another job which meets your expectations. You can ask your new employer to file a new Green card PERM. After PERM approval you can file a new I-140 along with a request to transfer your priority date (PD) of Nov 2004 from the old I-140 to the new I-140. This way you can keep working in the job or profession of your choice while not sacrificing any of the time you have originally invested in the 1st Green card process. Hope this helps.
Please see the link for additional information:
http://www.immigrationportal.com/showthread.php?t=196367&page=54
But does it have to be strictly in the same category, namely some kind of electrical engineer?
Please see the link for additional information:
http://www.immigrationportal.com/showthread.php?t=196367&page=54
But does it have to be strictly in the same category, namely some kind of electrical engineer?
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