Funky_Monkey
09-14 05:05 PM
Talked to a lawyer, essentially everyone is right.
On paper, I am not illegal as long as the 485 is pending, but in theory, I am illegal as long as 140 is denied.
The clock for illegal stay starts when 140 is denied.
This is a gray area and there is no USCIS rule for what to do in this case. So to be safe, I need to get out and come back as H4 again.
gotgc, how did you do InfoPass? I went though the infopass system and there is no option for me to verify whether my 485 is indeed legitimately active (based on the NIW 140) or not.
On paper, I am not illegal as long as the 485 is pending, but in theory, I am illegal as long as 140 is denied.
The clock for illegal stay starts when 140 is denied.
This is a gray area and there is no USCIS rule for what to do in this case. So to be safe, I need to get out and come back as H4 again.
gotgc, how did you do InfoPass? I went though the infopass system and there is no option for me to verify whether my 485 is indeed legitimately active (based on the NIW 140) or not.
wallpaper Wallpaper image: Winter - four
gc_chahiye
09-27 02:05 AM
Actually, I don't think there really is a ROW is there? Isn't it just that 193 country columns isn't practical.
actually as and when a country hits the 7% per-country limit or in general becomes a big consumer of visas, it gets its own column.
China for instance has been in and out. In 1999 it was its own column, became part of ROW in 2002 and now again has its own column:
http://travel.state.gov/visa/frvi/bulletin/bulletin_1350.html
Dominican Republic was there in 1995, but is now part of ROW:
http://dosfan.lib.uic.edu/ERC/visa_bulletin/9502bulletin.html
actually as and when a country hits the 7% per-country limit or in general becomes a big consumer of visas, it gets its own column.
China for instance has been in and out. In 1999 it was its own column, became part of ROW in 2002 and now again has its own column:
http://travel.state.gov/visa/frvi/bulletin/bulletin_1350.html
Dominican Republic was there in 1995, but is now part of ROW:
http://dosfan.lib.uic.edu/ERC/visa_bulletin/9502bulletin.html
prioritydate
07-14 10:46 AM
To elaborate on that, S.Korea happens to be on the forefront of technological innovations. Highest per capita broadband use, highest per capita cellphone use...land of samsung and Hyundai
not to mention great food...korean bbq anyone
Why there is no retrogression for this country? Sounds like something fishy going on...
Only in America. Injustice!!
not to mention great food...korean bbq anyone
Why there is no retrogression for this country? Sounds like something fishy going on...
Only in America. Injustice!!
2011 wallpaper desktop nature
dpp
09-18 08:41 PM
I am a July 2 filer. I got 485 receipt notice from California Service Center with receipt date of july 2. Today, in mail, I got another notice called transfer notice, which states that my case has been transferred to Nebraska. The receipt date on the transfer notice is Sep 5. Is it nromal to have such diferent receipt dates? Will USCIS process by receipt date on receipt notice or on transfer notice?
Even same for me. The receipt date on transfer notice is not the important, notice date on actual receipe notice is imp. Don't worry for each and every small thing. You application is received by USCIS and so don't think too much on this.
Even same for me. The receipt date on transfer notice is not the important, notice date on actual receipe notice is imp. Don't worry for each and every small thing. You application is received by USCIS and so don't think too much on this.
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jay75
08-07 01:34 AM
Received 2 year EAD, with pending I140(EB3 I).
Phat7
10-20 08:34 AM
Thanx dessoya ;) you were good, it was tough :)
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jvordar
04-07 05:48 PM
ok gurus here's my situation..
1) Employer A filed my green card and I140 is approved and its been more than 180 days since 485 is filed.. no issue here... recently got my 3-year H1 extension from employer A till 2011. this extension is for 7th, 8th and 9th year... so have already crossed 6 year limit.
2) got an offer and accepted the offer from employer B and employer A does not provide any info regaring labor or I-140...
3) Since H1 extension is based on my green card application, to do a transfer or renewal, copies of I140 and labor is required (according to company B's lawyer)
4) So in this case i'm forced to use EAD and company B's lawyer are evaluating if old and new job description are same or similar...
so now my question is, is it true that transfer/renew of H1 after 6 years without the copy of I140 or labor from employer other than the one filed for your green card, not allowed? is there anything that can be done in this case?
thanks guys..
1) Employer A filed my green card and I140 is approved and its been more than 180 days since 485 is filed.. no issue here... recently got my 3-year H1 extension from employer A till 2011. this extension is for 7th, 8th and 9th year... so have already crossed 6 year limit.
2) got an offer and accepted the offer from employer B and employer A does not provide any info regaring labor or I-140...
3) Since H1 extension is based on my green card application, to do a transfer or renewal, copies of I140 and labor is required (according to company B's lawyer)
4) So in this case i'm forced to use EAD and company B's lawyer are evaluating if old and new job description are same or similar...
so now my question is, is it true that transfer/renew of H1 after 6 years without the copy of I140 or labor from employer other than the one filed for your green card, not allowed? is there anything that can be done in this case?
thanks guys..
2010 Category: Nature Wallpapers
jvordar
04-07 07:40 PM
thnx CADude... did you had to provide job description used in your labor or your last H1? if not then did the new employer used their own description?
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buddyinsd
01-04 12:46 PM
LOL--- Proposing a new name for this website: IndianImmigrationVoice.org which would be more appropriate as 99% of ppl posting on this website talks about US immigration only from an Indian point of view --- LOL
hair nature
HRPRO
02-03 01:28 PM
In addition to the job requirements reading the required experience, the job description has to spell out the required experience and the job description has to justify the required experience.
Once the JD is finalized your emplyer will be sending it to the SWA for wage determination. Send it both ways and see what you get.
More importantly ensure you can get the experience letters to back the experience listed in the JD
Once the JD is finalized your emplyer will be sending it to the SWA for wage determination. Send it both ways and see what you get.
More importantly ensure you can get the experience letters to back the experience listed in the JD
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trueguy
08-28 02:09 PM
Yes, I can profess a guess, but that does not account for the statement about "A formal decision determination of the October cut-off dates will not be possible until early September"
With all the labor certification being sold on or around June 2007, old labors started getting used up. These applications are probably trickling in during the course of the year, and may have seen a huge rush when they announced that they are going to make EB3 unavailable. Therefore, their earlier assumption that they can move forward was wrong. On the other hand, they probably totally messed up in counting the number of cases they already had on hand.
I dont agree to the continued "heavy demand" comment. What demand? Were they accepting applications when the queue was already closed for the year? If not, there is no case of "heavy demand", unless there was a bunch of applications around Dec02-Mar03 for China but as usual they used a 3 year old to count the number applications
That is exactly what I don't understand. How can they have new applications coming in with PD as old as 2001? I can understand if somebody have family outside US and their new born will be eligible to file with Older PD. But how many people have family outside India, not at all.
With all the labor certification being sold on or around June 2007, old labors started getting used up. These applications are probably trickling in during the course of the year, and may have seen a huge rush when they announced that they are going to make EB3 unavailable. Therefore, their earlier assumption that they can move forward was wrong. On the other hand, they probably totally messed up in counting the number of cases they already had on hand.
I dont agree to the continued "heavy demand" comment. What demand? Were they accepting applications when the queue was already closed for the year? If not, there is no case of "heavy demand", unless there was a bunch of applications around Dec02-Mar03 for China but as usual they used a 3 year old to count the number applications
That is exactly what I don't understand. How can they have new applications coming in with PD as old as 2001? I can understand if somebody have family outside US and their new born will be eligible to file with Older PD. But how many people have family outside India, not at all.
hot Winter Wallpaper - nature
lostinbeta
09-06 03:54 PM
Nice links dan, also nice update on the footer, with the beam approaching from the side. I likes again......
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house Nature Wallpapers
x1050us
06-25 09:46 PM
If I 539 was filed with I 129 they mostly get approved togther .DId you apply ext in PP ? If I 539 was not filed ,just bump your H1 to PP and get an appointment in home country for the spouse to get the Visa at the consulate. Just plan every thing will go smooth
Yes, I believe they were filed together - I saw a note in their web site. But why would they file 539 ? she is out of country already. Isn't I539 to extend stay only if u are already in the country ? And yes i already got an appointment in chennai. But the twist is, HR says they "informed" the attorneys to do PP. It is already 11 days and no receipt #. HR is tight lipped as to whether attorneys did infact file PP. If they did not, am i screwed ? Dont you need a receipt# atleast to bump up to PP?
Yes, I believe they were filed together - I saw a note in their web site. But why would they file 539 ? she is out of country already. Isn't I539 to extend stay only if u are already in the country ? And yes i already got an appointment in chennai. But the twist is, HR says they "informed" the attorneys to do PP. It is already 11 days and no receipt #. HR is tight lipped as to whether attorneys did infact file PP. If they did not, am i screwed ? Dont you need a receipt# atleast to bump up to PP?
tattoo wallpaper nature winter.
jpreston
October 25th, 2005, 05:06 PM
Any idea when you all might want to do this? I might be able to join you for a weekend of shooting.
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pictures Dreamscape wallpaper,
Asian
05-31 10:48 AM
Yes, you're right, Berkeleybee, that no restriction on AC-21 job portability contradicts labor certification stage. But isn't it also true we can change our job to whatever we want once we get GC? Due to the false system, if we lost years waiting in line, why can't they change the rule to make up for it? I think it is a legitimate and justifiable demand.
dresses wallpaper desktop nature
Toxic'
May 20th, 2005, 08:49 PM
How'dee...
I'd like to thankyou each for your reply upfront & foremost...
I don't have any of the "fuzzball" pic's handy where as I've been deleting them as they come... I'll take some later tonight and post them...
"Until then..."-- jliechty
First idea: put the lens to manual focus, and try that on a tripod. Perhaps the focus point got moved, and the camera is attempting to focus on black sky? This test would attempt to eliminate that.
As I stated originally, the first half'dozen + photo's I took of the moon where over the course of 2 nights... and each of them were taken "handheld", with "full'auto" On. All the other settings were out of the box defaults. And every one of them were "in focus" as they appeared in the viewfinder. 2 weeks later when I attempted somemore moon'shots was when I realized that something was different. "Every" shot from then on of the moon was as I've been discribing. I've attempted more than 2 dozen shots via "Manual focus while on a Tripod, using the Timer". And the results are identical to the current "hand'held" photo's. As for the focus point... I've set the camera to lock in via "single area" bracket selection as discribed on page 67 of the manual. I've even gone as far as to focus in on the moon in "auto" mode and then switched over to "manual" mode, set the timer, and still the same thing...
Bobby Digital--
Manual focus and exposure bracketing are what you need to do.
I've just read into these again and was wondering if these are settings that could have been changed without me knowing? Or perhaps realizing? I'm presently at work and the moon is just coming into view... I'm going to head home in a bit and pickup my camera and try checking & or changing these settings to see if it helps...
Puncher--
As an alternative , spotmeter the moon to figure out the exposure and/or use the histogram.
I'll attempt this aswell...
I'll post my results after I've attempted these suggestions... "& Thanks again for your time...
Toxic'...
I'd like to thankyou each for your reply upfront & foremost...
I don't have any of the "fuzzball" pic's handy where as I've been deleting them as they come... I'll take some later tonight and post them...
"Until then..."-- jliechty
First idea: put the lens to manual focus, and try that on a tripod. Perhaps the focus point got moved, and the camera is attempting to focus on black sky? This test would attempt to eliminate that.
As I stated originally, the first half'dozen + photo's I took of the moon where over the course of 2 nights... and each of them were taken "handheld", with "full'auto" On. All the other settings were out of the box defaults. And every one of them were "in focus" as they appeared in the viewfinder. 2 weeks later when I attempted somemore moon'shots was when I realized that something was different. "Every" shot from then on of the moon was as I've been discribing. I've attempted more than 2 dozen shots via "Manual focus while on a Tripod, using the Timer". And the results are identical to the current "hand'held" photo's. As for the focus point... I've set the camera to lock in via "single area" bracket selection as discribed on page 67 of the manual. I've even gone as far as to focus in on the moon in "auto" mode and then switched over to "manual" mode, set the timer, and still the same thing...
Bobby Digital--
Manual focus and exposure bracketing are what you need to do.
I've just read into these again and was wondering if these are settings that could have been changed without me knowing? Or perhaps realizing? I'm presently at work and the moon is just coming into view... I'm going to head home in a bit and pickup my camera and try checking & or changing these settings to see if it helps...
Puncher--
As an alternative , spotmeter the moon to figure out the exposure and/or use the histogram.
I'll attempt this aswell...
I'll post my results after I've attempted these suggestions... "& Thanks again for your time...
Toxic'...
more...
makeup Category: Winter Views: 40170
bugmenot
06-30 12:54 AM
ofcourse a very good news...but at the same time if VB for next month is disappointing , what will be next plan of action.. to have SkILL bill or any way to have interim bills passed?
i don't think its good news ,the failing of the bill just proves that the congress is still xenophobic(or only responsive to the xenophobic anti immi's) if the bill was to legalise 12M brits or other whites it would have sailed through..thats a fact and that speaks alot about this society we live in, coming to legal immi, u think they care? Sessions n all will be as venomous when it comes down to legal, they just used it as an excuse to clobber illegal immi , if he really cared he would not have obstructed the SKIL in dec 2006, its gonna get worse coz now the anti immi's have grown in strength and confidence , no bill helping legal immi is ever gonna pass, they might increase the h1b's a lil bit but will introduce tons of h1b/L1 killers so forget anything thats gonna help anybody in here now be it GC retro or whatever,
i don't think its good news ,the failing of the bill just proves that the congress is still xenophobic(or only responsive to the xenophobic anti immi's) if the bill was to legalise 12M brits or other whites it would have sailed through..thats a fact and that speaks alot about this society we live in, coming to legal immi, u think they care? Sessions n all will be as venomous when it comes down to legal, they just used it as an excuse to clobber illegal immi , if he really cared he would not have obstructed the SKIL in dec 2006, its gonna get worse coz now the anti immi's have grown in strength and confidence , no bill helping legal immi is ever gonna pass, they might increase the h1b's a lil bit but will introduce tons of h1b/L1 killers so forget anything thats gonna help anybody in here now be it GC retro or whatever,
girlfriend Winter Wonderland 3D
TimeSaver
07-13 06:10 PM
Seems like it could be new August visa bulletin. With some cutoffs. but applications sent already will not be rejected. They won't be worked upon but wont be rejected.
hairstyles Nature Wallpaper - winter
santb1975
05-20 12:52 AM
We can do it
eeezzz
08-28 10:12 AM
Ron sent an inquiry and here is the answer he got
Yes I probably should have said Worldwide Employment Third. My primary concern at this point is with the China E3 cut-off date which has an extremely large amount of demand.
Ron also says
He definitely referred to China E3, not India. There has been a huge build up of Chinese E3 cases over the past few years. There has been an even larger buildup of Indian E3 over the years, but that is a given.
Visa Bulletin says
...Then with the start of the new fiscal year in October the cut-off dates would have returned to those which had applied during June. However, continued heavy demand in those categories may require the establishment of cut-off dates which are earlier than those which had applied in June....
So I predict the EB3 RoW Oct bulletin will be what it was on June Bulletin but EB3 China and India will not be the same as June bulletin.
Yes I probably should have said Worldwide Employment Third. My primary concern at this point is with the China E3 cut-off date which has an extremely large amount of demand.
Ron also says
He definitely referred to China E3, not India. There has been a huge build up of Chinese E3 cases over the past few years. There has been an even larger buildup of Indian E3 over the years, but that is a given.
Visa Bulletin says
...Then with the start of the new fiscal year in October the cut-off dates would have returned to those which had applied during June. However, continued heavy demand in those categories may require the establishment of cut-off dates which are earlier than those which had applied in June....
So I predict the EB3 RoW Oct bulletin will be what it was on June Bulletin but EB3 China and India will not be the same as June bulletin.
Hopeful123
09-25 05:19 PM
"Document mailed to applicant" can mean anything.For me it was a call for finger printing (second time). Uscis (or IBM) was lazy to create different status messages and that's causing a lot of confusion. Check with your lawyer to see if you recieved any intimation from USCIS recently.
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