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January 12th, 2005, 11:16 AM

I like it just the way it is Freddy......the emphasis here being the sky and the sunset........your interpretation and it looks great to me.

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Euinox

05-20 01:10 PM

I came to US in 2009 March (on H4 Visa) ,
I filed my H1B in September 2009 with Company A and got approved October 2009. I search for projects 2 months; my employer was unable to place me. So he said he will revoke the H1B petition. After that due to family emergency I gone back to India and while re-entering I entered as H4. (As per I-94 Copy). That H1B never got used and I never got any pay stub from Company A.

Now I am on H4 till date.

I have found the project and the new employer (who is client say Company B) is ready to file my H1B application. Now as per the Company B�s Legal Team, they can�t get the approval before 1st October 2011 (or start date of H1B visa) and they have to fill this position by this month End. (Which is May or Mid June)

Now I have inquired some other place and gone through different forums to get answer.
Here is the query,
If Company B files my H1B petition with attachment of existing I-797, will my petition get approved from the quota of 2009 (since I got visa with validity date as 1st Oct 2009 year)??

What kind of H1B petition I need to file and when it will get approved?
Will this be a fresh H1B petition or something different?
Can I get approval immediately ( if I filed in Premium processing) so I can start working. Or does the petition will say as start date 1st October 2011?

Please help me in this issue. I will really appreciate your help.

Any document/ link which shares light to similar issue is really helpful for me.

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jcrajput

10-03 11:15 AM

I need to re-file my I-485 application which was rejected due to USCIS error (they could not find I-140).

Can anybody tell me what is the logic behind writing "DO NOT OPEN IN THE MAIL ROOM" on envelope while re-submitting I-485 appplication?

I will need to send to USCIS today. Please let me know ASAP.

Thanks a lot.

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sumanitha

08-01 12:53 PM

One of my friend is ready to apply for 485. He is all set.

The problem is he got recently married and his wife's passport and other details are not yet ready and she is still in India.

Can he still submit his 485 for his wife?

Gurus, any help / suggestions is appreciated.

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suny_saini

08-04 06:40 AM

my name was not interview with my family.
my family gave interview and embassy asked for original I140 and I824 approval notices to check my eligibility.

i submitted and now after 2 weaks got the follwing reply:

In your case , the I-140 was filed on sept 10, 2001 and approved on october 08, 2003. The visa became available on october 08, 2003 . Form I-824 was not filed within one year of visa became available. <my name> was born on January 03, 1986. because he (me) is above 21 years old an immigrant visa as a derivative beneficiary of Employment third prefrence (e3) immigrant visa category cannot be inssued to <my name>. In order to qualify for a visa, he (me) would need to benifit from CSPA. Since form I-824 was not filed within one year of visa becoming available on October 08, 2003.
<my name> cannot be processed under CSPA.

but i think and i am not sure if i am right or wrong that I824 can be filed after issuance of green card, but at that time my dad ddnt got green card.
SO plz help me with right advice and solution so that i can travel with my family.
my mom and bro got te visa and it will expire in 6 monts and i want to go with them, can i be able to get visa in any case before their visa expire?

i badly need help.

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english_august

08-21 12:01 AM

C'mon bloggers where are you? This is your moment to rise and shine, to prove that blogging can be as effective, if not more, than the conventional media.

We've got to have some passionate bloggers on this forum!!! Please PM me with your email id if you want to join the group of IV bloggers.

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reddysn

05-28 08:20 PM

Man I dont know what is the answer to ur question. But I feel very sorry for you and want to appreciate you for keeping your sanity intact till now. I would have joined a lunatic asylum by now if I am in ur position ... I have already started showing some signs just by waiting for my PD to become current.

Keep it up..

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GotGC??

11-14 03:59 PM

Find in-line
What is the minimum requirement for EB2? From what I read, it's BS+5yrs, or MS+1yr.

EB2, officially known as "members of a profession holding advanced degree", requires a "Masters degree". USCIS views a BS+5 as equivalent to a masters degree for this purpose.

1. Is there a rule that the experience should have been gained outside of the US?
No

2. Is there a rule that the number of years experience should be from an employer other than the petitioning employer?
Yes

Thanks!

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reachinus

07-23 06:07 AM

my manager decided that he is going to RIF me in October. I just filed for my AOS and EAD last week. So i would assume my receipt date would be some time in July.
I already have my I-140 approved with PD of Mar 2004

Please suggest what do I need to do ?. Since July to October is like 3 -months, I can get an EAD ( atleast Interim ).

So can I work on this EAD ?. What are the consequences ?. Should I re-start the whole process of Labor / I-140 / I-485 ? with the priority date of the I - 485 ?.

I am sooo fed up with this whole process already. But I don't want to leave this now. I will get the Green Card, and then take citizenship before I leave this country


PLease help.....
Edit/Delete Message

You should be ok if ur employer doesn't revoke ur 140 before 180 days. After that you r fine and can work with any employer of ur choice in the same field.

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needhelp!

02-05 02:02 PM

http://immigrationvoice.org/wiki/index.php/LUD

Apologies if I should have looked this up somewhere within IV .
Guess it is a simple question.

What does a soft LUD mean ? I have often read that term on the forum.

I at times see that something was updated on my case..."last updated date" but then there is no status update.....for example this happened on my I131 application on Feb 4, 2009

On the I485 I think it is just that they transferred it from one office to another as the status says.

=============================
Last updated | Form number
2/4/2009 | I131
2/5/2009 | I485
===============================

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same_old_guy

07-10 01:20 PM

Yeah right !

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mudigondag

01-04 03:12 PM

I have filed 485 for all my family members and received the EAD and AP(s). FP is not done yet. My daughter is in 1st year undergrad. Is there a way my daughter's 485 status can be maintained, if I join my daughter for MBBS study in India? If yes, what would be the option. Apreciate the suggestion

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stebbinsd

01-18 07:51 PM

EDIT: Sorry, double post.

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optimist578

04-10 11:22 AM

My EAD is going to expire in 3 months and I am filing for my renewal now. What can be done if you don't get the EAD renewal response before the expiry of the current one ?
I heard somewhere, that if you don't receive the renewal notice within 60 days, then you can approach the local USCIS office and get a temporary EAD card for 90 days.
Anybody knows more ?

Thanks,
------------------------
EB3 PD Mar 2003
I-485, AP, EAD filed in July 07
EAD expiring on July 31st 2008.

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Nil

04-12 07:31 PM

i did not receive any correspondence for my I140 as well as for my labor.
My company provided me with a copy of my approved I140 (scanned) but refused to share any info on the approved labor.

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ricky26

08-28 12:37 AM

If your current H1 is already expired, it is better/safer to use AC21 and join company B.
else get hold of reputed lawyer and transfer H1 to comp B.

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singhsa3

04-24 08:34 AM

What was your I-485 receipt date (Note: I am not asking for your PD)
Guys,
I don't know if here is right place to post this or not. I responded to RFE about 30 days ago and got an email update that TSC has got my response and the case processing is resumed. That was 485 and TB skin test that I had to do again.
Anyone has any idea what is normal time after response to RFE? I am EB3 with PD of Oct, 2003.
Do you recemmend me to call service center or go for infopass?

Thanks.

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Waitng4GC

07-04 10:14 AM

I was in similar situation during 2006. I applied for H1 1 year extension based on PERM approval. My LC was just 1 month old . Then premium processed my I-140, once I had my I-140, I then premium processed my H1 extension based on approved I-140. Finally got 3 year extension.
Hope this helps.

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anu_t

09-30 06:06 PM

I think it is not possible.

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nik.patelc

08-11 07:22 PM

As per Spet 2009 visa bulletin, my PD will be current . I recently moved to LA due to Job change . If i do AC 21, do you think i will miss a oppurtunity of getting GC in spet since my PD is OCT 2004.

Please advise. Should i do AC21 now ? Or Should i do only on RFE?

Another question. I still have permanent address in chicago but moved to LA. Do i need to do AC11 form?

Nik

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dallasanalog

03-22 04:27 PM

Hi,
Kindly reply in English, not assembly language.

Thanks

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09-13 03:31 PM

I use 3d studio max.

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Los Angeles Dodgers

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JunRN

10-05 04:54 AM

YES! EAD is your license to work for any company, even for those not sponsoring you. It doesn't matter if your i140 is approved or not, you can work with EAD and that is legal.

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nj09

05-31 02:06 PM

I have done it in the past.No problem at all.

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viz

02-03 11:14 PM

Thanks for the links.

But I dont see them addressing the specifics of an EAD. Or maybe i didnt check them enuf.

Doesn't the EAD (AOS pending status) entitle you to be in status even after a job loss?

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sarahbtobe

06-25 05:14 PM

He can have both types of permanent residence pending at the same time - marriage-based and employment-based. This is very common. The marriage-based filing will probably be approved sooner than the other, because priority dates are so backlogged now.
That is wonderful news, Elaine, thanks so much for the fast reply! We are actually in the DFW area, so if we need a lawyer for this 2nd application, I'll remember your name!

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i4u

09-20 09:27 AM

At this point any gc holder in EB3 is good!
Or EB3 I who got GCs do not want to do anything with Immigration for the next five years - and are taking a break :D

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MONCYS

03-25 11:14 PM

TSC is down and they are using a new system named "CHIMP" to enhance the operations.

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dealsnet

05-11 03:38 PM

If your H1B is denied and didn't appeal, you are out of status.
You are in status, while your petition is pending for 240 days.

Hi All,

Please help!!

I will be completing my first 3yrs of H1 in Sept 2010. My I-797 is valid till Sept 2010. I-94 & H1 visa expired on April 4th 2010.

My company has applied for 1-129 on April 1st 2010.

I have a few questions -

1. Since my 1-94 is expired and H1 too, am "I out of status"? - I-129 is still pending, I have received the receipt from USCIS on April 12, 2010.

2. If I am out of status, is it going to effect my visa renewal or H1 extensio?

3. What to do?

Your response will be highly appreciated, I am very confused.

Thanks & Regards.

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immigration1234

06-21 04:58 PM

Hi,

My attorney sent me a questinaire and the following is a part of the questionaire.

I don't have any of the below mentioned but a checking account. Do I need to have any of the following so that I can get approval for my I485?


Appreciate your help and thank you very much!

************************************************** *******

These questions are for the affidavit that shows you can support your spouse:
What is the date that you first came to the United States to live? ___________________________
Your Annual Salary: $________________________ Savings Amount: $________________________
Stocks and Bonds amount: $___________________ Life Insurance Amount: $__________________
(if you bought a house) House Total Value: $______________________________________
How much do you still owe on your mortgage? $______________________________________
If you own a house and have not listed the address above, please give the address of the house: __________________________________________________ _______________

************************************************** ********

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desp_gc

03-12 08:02 PM

I recently got married. My is currently on H1 and is currently in US. Will my wife's I-485 be returned as the priority date is not current I am in EB3 priority date is Mar 2002. Anybody in similar situation as me..please post...

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gs77

08-17 10:24 PM

Hi,

I looked at different forums. But I could not locate a definite answer for my questions.

I have H1. My wife has H4. Both will expire in 11/2009. I don't have stamp
but she has stamp. We both used AP to enter into USA recently. We did not use our EAD.

Questions on EAD paper filing :

14) Manner of Last Entry into the U.S. ?
15) Current Immigration status ?

I believe that the answer to the question 14 should be PAROLEE or Advance Porole. How about question 15 ?

The immigration officer put 'Conditions: AOS DA' in our AP and new I-94 both. What will be the answer, AOS Pending or H1B/H4 ?

Please share your experience. Thanks in advance.

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kierontam

11-01 11:14 AM

Hi,

I just graduated with a Bachelor Degree, and I am currently on H1B. I am so concerned about the 5 year backlog on EB-3, which will take more 10+ years to become a citizen....

I am thinking about getting an online MBA degree from an accredited school ASAP, and ask my employer to promote me to a position that require an MBA, ex. manager. (I think it's not a problem in a small company) Will I be able to get into the EB-2 line?

Have anyone done that before? May you share your experience whether it's successful or not?

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bitu72

09-30 01:03 PM

call me and i can tell what my RFE says and listen to u r s to
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skarthy

08-07 05:44 PM

applied June 27th( NSC ), still no FP..
Called them yesterday..the lady said that we need to wait for a 102 more days before they can consider this an issue :eek:

basically, there is no time period for FP , if we dont get EAD in the time frame then we call and ask. That's what the lady suggested.

we need to track if it happening to a lot of people.

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kirupa

11-17 02:13 AM

This link should help: http://msdn.microsoft.com/en-us/library/ms741870.aspx

I have a few examples of this as well, so I can try to send them to you if you are interested :)

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coolpal

03-30 12:35 PM

You are good till the end of your original H1 regardless of the outcome of the extension... the catch is, you have to maintain H1 status.. meaning get paid, no benching etc.,

pal :)

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Vibes30

05-16 05:02 PM

upuaut8,

I am not sure what you mean by 3D designers think they have specialty skills?!
First off you don't have to be a designer to model objects that already exist in real life. You just need to know how to use a 3D Modelling program.
And second - yes - it is a skill to be able to use those programs and even more so if you are actually creating an original design.
And dont go to the "viewpoint" D'espano" or other sites for models they are extremely expensive as you say.
As a side note - depending on a model needed by someone you can ask what you need and alot of times people will create it for you for nothing ;) or have it in stock!

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GCAmigo

01-03 05:05 PM

On Sept. 14, President Bush signed the Honest Leadership and Open Government Act of 2007, an ethics and lobbying reform bill, which enforces a number of new restrictions.

Under the new law, lobbyists are prohibited from providing gifts, food, beverage and travel to Members of Congress, their staff or employees. A violation of this law could result in civil fines and/or criminal prosecution for the Company and individuals involved.

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bajrangbali

07-02 04:03 PM

6. Implications for Certain Employment-
Based Second and Third Categories
Absent legislation providing for additional visa numbers,
the Ombudsman estimates that some individuals under the
�India� category in the Visa Bulletin now may wait at least 10
years to complete immigration processing and obtain a green
card. This estimate assumes maximum annual preference category
and per country usage. If these projections are correct,
affected individuals will spend many years of their working
lives as applicants for green cards, i.e., as neither temporary
workers nor lawful permanent residents.

Looks like stage is set. People already in queue as of 07/2009 have 10 years and no one new can apply for next 10years :mad:

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glus

11-20 06:41 PM

Hello:
As long as you were in valid h-1b status at the time you applied for transfer, you can begin working as soon as you receive a receipt notice. Your attorney plays safe and is correct.

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carlos.torres

02-02 07:11 AM

My fianc�e lives in Mexico and I live in the United States. We are planning on getting married this summer. As soon as I return, I'm planning on beginning the process so that my future wife could come to the United States to live with me. We plan on getting married in the Catholic Church, but we have doubts if that type of marriage is a valid one for this specific situation. We just don't want a delay in the process simply because it was a religious marriage and we want to be with each other as soon as possible. My question is: Is a religious marriage valid for this situation? Which one would you recommend: Having a civil marriage or a religious marriage in Mexico?

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11-26 03:51 AM

Thanks, it doesnt generate an error so it should be alright. The panel still doesnt appear so I created it with asp:



<asp:Panel ID="PanelSummary" runat="server" BorderColor="Black" BorderWidth="1" BorderStyle="Groove" Width="100" Height="300"></asp:Panel>

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