chanduv23
09-16 12:53 AM
I agree that the DC rally is a critical event but I think I am loosing interest in this online forum. I guess the forum moderators may be busy with organizing the DC event. It's time for a clean up act. I am urging members to stop posting so many unnecessary and irrelevant threads. We all understand the importance of this rally. Peace!
These posts matter - people are not like you or me - a lot of them gave rude answers during the phone campaign
These posts matter - people are not like you or me - a lot of them gave rude answers during the phone campaign
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coolmanasip
08-16 08:06 PM
Kondur - First, thanks for your reply. Its all volunteer time here and I appreciate your time to help me out.
The way I read it, and its not becos I want to read it like that, the AC21 memo all the time talks about "Same or similar occupational classification" not same/similar job. There is a world of difference here. Same job means we have to be the same engineer or programmer that we were about 4 yrs ago. Thats not the intent of the law. The law says occupational classification, which means job category.....Engineering or whatever we do....so I think there is a difference....
I checked my current SOC code and that is under 17-2051- Civil Engineer...The SOC language also says this "Supervisors of major professions groups 13-29 (including 17) have experience and perform the same duties as the workers they supervise and hence are classified in the same group" ---- This tells me that if you oversee engineers doing technical work, that is fine.
Now, the management part of the "Director" title is a concern. So,if we take that into account, in worst the classification would be under 11-9141- Architectural and Engineering Managers. Which, I believe, would still qualify under the (if not same) similar occupational classification. On DOL website, under 11-9141, in related occupations - one of them is 17-2051 Civil Engineer. So, again, I think we should meet same/similar occupational classification.
I talked to one of the lawyers from Murthy firm, and they seem to see this as meeting the requirements. While she did say that I was pushing the envelope, she said CIS is pretty liberal in this interpretation and would not be an issue.
Having said this, is there a possibility that CIS could get restrictive about their interpretation - absolutely! And there is that risk that would jeopardize the whole process....so, here we are, insulting our own intelligence because an agency would not define in black and white what is acceptable and what is not.....
sorry for a long rant.....have not decide what to do yet.....realistically, GC should be here in another 10 months.....thanks for your time
The way I read it, and its not becos I want to read it like that, the AC21 memo all the time talks about "Same or similar occupational classification" not same/similar job. There is a world of difference here. Same job means we have to be the same engineer or programmer that we were about 4 yrs ago. Thats not the intent of the law. The law says occupational classification, which means job category.....Engineering or whatever we do....so I think there is a difference....
I checked my current SOC code and that is under 17-2051- Civil Engineer...The SOC language also says this "Supervisors of major professions groups 13-29 (including 17) have experience and perform the same duties as the workers they supervise and hence are classified in the same group" ---- This tells me that if you oversee engineers doing technical work, that is fine.
Now, the management part of the "Director" title is a concern. So,if we take that into account, in worst the classification would be under 11-9141- Architectural and Engineering Managers. Which, I believe, would still qualify under the (if not same) similar occupational classification. On DOL website, under 11-9141, in related occupations - one of them is 17-2051 Civil Engineer. So, again, I think we should meet same/similar occupational classification.
I talked to one of the lawyers from Murthy firm, and they seem to see this as meeting the requirements. While she did say that I was pushing the envelope, she said CIS is pretty liberal in this interpretation and would not be an issue.
Having said this, is there a possibility that CIS could get restrictive about their interpretation - absolutely! And there is that risk that would jeopardize the whole process....so, here we are, insulting our own intelligence because an agency would not define in black and white what is acceptable and what is not.....
sorry for a long rant.....have not decide what to do yet.....realistically, GC should be here in another 10 months.....thanks for your time
quick
March 16th, 2005, 05:05 PM
I have decided to go for the SB-600 rather than the 800 because I don't think I need the extra functions at this point. It will save on $$$ and weight too.
Thanks,
Shawn
Good choice.
You also have faster recharge since the flash is slightly less powerful but perfectly adequate... I was going to get an SB-800 but ended up with two SB-600s for now for the same price.
I will likely get one SB-800 (and maybe another SB-600) when I get my D2x so that I have commander mode available.
the two SB-600s I have have been great for the month I've had them - if your only body is a D70 you're golden - you can use the sb-5B-600 on remote and use the built in D70 flash as commander.
-dq
Thanks,
Shawn
Good choice.
You also have faster recharge since the flash is slightly less powerful but perfectly adequate... I was going to get an SB-800 but ended up with two SB-600s for now for the same price.
I will likely get one SB-800 (and maybe another SB-600) when I get my D2x so that I have commander mode available.
the two SB-600s I have have been great for the month I've had them - if your only body is a D70 you're golden - you can use the sb-5B-600 on remote and use the built in D70 flash as commander.
-dq
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snathan
05-17 10:52 PM
i have a friend from mexico that got here cause she married a us citizen, well long story short her green card expires on the 21st of august she has an appointment on that day for what i think is to get her permanent residency. well her problem is that she just caught her husband cheating on her and doesnt want to be with him anymore. but she thinks if she leaves him , she will destroy her chances of getting her permanent residency. how does that work? is she forced to stay with him even though he mistreats her and cheats on her to be able to get her residency? any responses would be appreciated . thanks in advance.
Your question is not clear. "her green card expires on the 21st of august"
- She already got GC ? and expiring after five or 10 years? If so, the divorce will not impact the GC process.
"she has an appointment on that day for what i think is to get her permanent residency"
- If she is not yet getting her GC, then it will impact the GC. Either she has to be patient or lose it. Even after getting GC, if she goes for divorce immediately it will trigger investigation as if your friend married US citizen just to get the GC.
This process is complicated and I dont think you can get the right answer in this forum. Better check with attoney.
Your question is not clear. "her green card expires on the 21st of august"
- She already got GC ? and expiring after five or 10 years? If so, the divorce will not impact the GC process.
"she has an appointment on that day for what i think is to get her permanent residency"
- If she is not yet getting her GC, then it will impact the GC. Either she has to be patient or lose it. Even after getting GC, if she goes for divorce immediately it will trigger investigation as if your friend married US citizen just to get the GC.
This process is complicated and I dont think you can get the right answer in this forum. Better check with attoney.
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mallikonnet
07-19 11:01 PM
As per the last revised visa bulletin, the extension period for filling I-485 is Aug 17. But it talks about only I485 and not about I-140.
So can anyone confirm, if one can file I-140 and I-485 concurrently from Aug 1 to Aug 17.
why not. i dont see why they would not accept cuncurrent filing of I-140/I-485
So can anyone confirm, if one can file I-140 and I-485 concurrently from Aug 1 to Aug 17.
why not. i dont see why they would not accept cuncurrent filing of I-140/I-485
roseball
07-27 12:43 AM
I am on 9th Year H1 extension and my H1 will expire in end of September 2009.My Labor got approved in 2007 So, I filed I140 and I-485 concurrently. But My I-140 got denied which filed with concurrent then Lawyer appealed as Motion to Reopen the I-140 which got denied and lawyer filed another I-140 as a brand new.
So there are 2 I-140's with the USCIS.
Recently I got intended to Deny like ability to pay query with the Second I-140 case, then lawyer answered the query and filed in premium this one got denied after a week.
Again, First I-140 which lawyer did Motion to Reopen this one also denied from the USCIS but the lawyer appealed this one.
Infact I recently travelled to india and came back on Advance Parole before all this denial happend.
Now, I filed my H1B extension , What will happen to the H1 extension ?
and What is my status now?
Can I tranfer my H1 and file the labor entirely new with the new company eventhough I am in the 9th year extension?
Any help would appreciate
Thanks
Reddy
Though you entered US on AP, since you are continuing working for the same employer on H1, you are still considered to be maintaining H1 status. Your H1 extension will probably get approved (assuming you submitted all supporting docs required for H1) for 1 yr based on your pending I-140 appeal. Your H1 extension will still be valid for its duration even if your appeal gets rejected after you get the H1 approval. So you can continue working for the same employer till H1 expires.
Regarding moving to a new employer and starting the GC process from scratch..You will have to find a new employer and transfer your H1 while your I-140 appeal is still in process. You will get the extension for 1 yr. Then you will have to get your PERM and I-140 approved before your H1 from the new employer expires, so you can get it extended for 3 yrs based on I-140 approval....You should consult an experienced attorney on your plan of action as time is critical for you..Good luck.
So there are 2 I-140's with the USCIS.
Recently I got intended to Deny like ability to pay query with the Second I-140 case, then lawyer answered the query and filed in premium this one got denied after a week.
Again, First I-140 which lawyer did Motion to Reopen this one also denied from the USCIS but the lawyer appealed this one.
Infact I recently travelled to india and came back on Advance Parole before all this denial happend.
Now, I filed my H1B extension , What will happen to the H1 extension ?
and What is my status now?
Can I tranfer my H1 and file the labor entirely new with the new company eventhough I am in the 9th year extension?
Any help would appreciate
Thanks
Reddy
Though you entered US on AP, since you are continuing working for the same employer on H1, you are still considered to be maintaining H1 status. Your H1 extension will probably get approved (assuming you submitted all supporting docs required for H1) for 1 yr based on your pending I-140 appeal. Your H1 extension will still be valid for its duration even if your appeal gets rejected after you get the H1 approval. So you can continue working for the same employer till H1 expires.
Regarding moving to a new employer and starting the GC process from scratch..You will have to find a new employer and transfer your H1 while your I-140 appeal is still in process. You will get the extension for 1 yr. Then you will have to get your PERM and I-140 approved before your H1 from the new employer expires, so you can get it extended for 3 yrs based on I-140 approval....You should consult an experienced attorney on your plan of action as time is critical for you..Good luck.
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desi3933
07-05 03:32 PM
Please note that I joined the H1 employer and later got an H1 transfer approved also.
Thanks.
I am little confused now. Did you get another H1/H1 transfer recently.
Please provide me exact dates of approval for all transfers L1/H1 and your dates of employment.
It appears that you may be out of status for some time, but fortunately did not accumulate any illegal presence time.
___________________
Not a legal advice.
Thanks.
I am little confused now. Did you get another H1/H1 transfer recently.
Please provide me exact dates of approval for all transfers L1/H1 and your dates of employment.
It appears that you may be out of status for some time, but fortunately did not accumulate any illegal presence time.
___________________
Not a legal advice.
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lonedesi
04-04 10:08 PM
A friend of mine who has a bachelor's degree from India applied for her labor through PERM under EB2 category, which was approved. This was done based on the attorney's advice. Later, when the I-140 was to be submitted, the attorney advised that they should file I-140 under EB3 as the employee just had a bachelor's degree and he thought that they would get an RFE or will not probably be able to justify her qualifications for an EB2 category. At that time he also mentioned that, once the I-140 was approved, they could go ahead and submit I-485 application as though it was an EB2 case based on the approved labor. Now that I-140 is approved under EB3 category, he is going back on his words and telling that since I-140 was approved under EB3 category, they should file I-485 as though it is an EB3 application. There is a vast difference in priority dates between EB2 & EB3 categories and this is not helping the problem. Would it be okay to apply I-485 under EB2 category based on the approved labor (EB2) or should one apply I-485 under EB3 based on the approved I-140 (EB3)? Anyone who has had any experience or has any information in this regard, please advise. Or did the attorney mess up first time and he is finding an easy way to fix the problem by going the EB3 route? I sometimes wonder if these attornies really know what they are talking about or they just out there to make money at the expense of innocent people like us.
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hellomms
05-27 03:29 PM
Guys, I have added information in the original thread, please refer to the link below and add your questions, concerns or comments there.
http://immigrationvoice.org/forum/showthread.php?t=18853&page=16#post251110
http://immigrationvoice.org/forum/showthread.php?t=18853&page=16#post251110
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wandmaker
06-19 08:04 AM
This document is mandatory - why don't you either ask your lawyer for a copy or call up USCIS and explain the case. Another option would be to send your Online status (from USCIS website), either way - I recommend you get your I485 receipt and then scan all your documents and email it to yourself for future use.
Aah_GC: Lawyer might not have received it from USCIS otherwise irrational would not be writing it here :) Many who filed during July 07 fiasco have not received the 485 receipt notices (lost in mail) from USCIS.
irrational: For EAD renewal, you can use your biometric notice as a proof of filing for I-485 to extend EAD and you make sure give correct A# on the form , with this USCIS should be able to pull your records. Also write a cover letter stating that you have not received the 485 receipt notice from USCIS, thats it. Nothing to worry, Go ahead and file without 485 receipt notice copy.
Aah_GC: Lawyer might not have received it from USCIS otherwise irrational would not be writing it here :) Many who filed during July 07 fiasco have not received the 485 receipt notices (lost in mail) from USCIS.
irrational: For EAD renewal, you can use your biometric notice as a proof of filing for I-485 to extend EAD and you make sure give correct A# on the form , with this USCIS should be able to pull your records. Also write a cover letter stating that you have not received the 485 receipt notice from USCIS, thats it. Nothing to worry, Go ahead and file without 485 receipt notice copy.
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arnet
09-15 01:04 PM
i remember IV team was earlier posting messages asking members to send questions because they have enough room to accomdate those in the same week. so i think the number of question is less now. this might be one of the reason we have conference call with lawyer once in two weeks.
if they get more questions in future, they can have atleast one conference call per week or they can extend it 2-3hrs too. once we get more publicity and if our members count (and questions) are doubled or tripled, we can we have more sessions with same or different lawyer. what do you think?
How many lawyers are there to answer the questions? Can we have couple of more lawyers on our panel so that we can do this more often?
if they get more questions in future, they can have atleast one conference call per week or they can extend it 2-3hrs too. once we get more publicity and if our members count (and questions) are doubled or tripled, we can we have more sessions with same or different lawyer. what do you think?
How many lawyers are there to answer the questions? Can we have couple of more lawyers on our panel so that we can do this more often?
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Nil
06-14 04:28 PM
"If a nation cannot be competitive when it accounts for nearly a quarter of world output, sits on abundant natural resources, has most of the world's best universities, and has had a stable constitutional system for some 200 years, a supposed shortage of computer scientists is the least of our worries."
".....if they (poorer countries) are to ever get richer. Bluntly, they need that brainpower more than we do."
"And rather less bleating from employers in the richest country in the world that they are entitled to soak up global talent like a sponge."
".....if they (poorer countries) are to ever get richer. Bluntly, they need that brainpower more than we do."
"And rather less bleating from employers in the richest country in the world that they are entitled to soak up global talent like a sponge."
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meridiani.planum
11-26 01:18 PM
Is it really possible to move back to H1 with a new company from EAD, in case 1> you have approved 140
2> you have not used the entire of 3 year extension that you received b'cos of approved 140,and started using EAD.
I am not sure we can do this.
I ran this past my attorney before I moved to EAD and he believed it was possible. He was not sure if the H1 approval will come with attached I-94 or if I would need to leave the US and return to activate teh H1. However what is certain is that the H1 approval will come through, as I would meet all the requirements. On what basis can they deny the H1?
2> you have not used the entire of 3 year extension that you received b'cos of approved 140,and started using EAD.
I am not sure we can do this.
I ran this past my attorney before I moved to EAD and he believed it was possible. He was not sure if the H1 approval will come with attached I-94 or if I would need to leave the US and return to activate teh H1. However what is certain is that the H1 approval will come through, as I would meet all the requirements. On what basis can they deny the H1?
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Asfandyar
09-02 06:40 PM
"U.S. Visa Policy: Competition for International Scholars, Scientists and Skilled Workers "
Senate Judiciary Committee
Subcommittee on Immigration, Border Security, and Citizenship
--------------------------------------------------------------------------
DATE: August 31, 2006
TIME: 09:00 AM
ROOM: University of Texas at Dallas
OFFICIAL HEARING NOTICE / WITNESS LIST:
NOTICE OF SUBCOMMITTEE FIELD HEARING
The Senate Committee on the Judiciary Subcommittee on Immigration, Border Security and Citizenship has scheduled a hearing on "U.S. Visa Policy: Competition for International Scholars, Scientists and Skilled Workers" for Thursday, August 31, 2006 at 9:00 a.m. at the University of Texas at Dallas, The Erik Jonsson School of Engineering & Computer Science, TI Foundation Auditorium, Building ECSS, Richardson, TX.
Senate Judiciary Committee
Subcommittee on Immigration, Border Security, and Citizenship
--------------------------------------------------------------------------
DATE: August 31, 2006
TIME: 09:00 AM
ROOM: University of Texas at Dallas
OFFICIAL HEARING NOTICE / WITNESS LIST:
NOTICE OF SUBCOMMITTEE FIELD HEARING
The Senate Committee on the Judiciary Subcommittee on Immigration, Border Security and Citizenship has scheduled a hearing on "U.S. Visa Policy: Competition for International Scholars, Scientists and Skilled Workers" for Thursday, August 31, 2006 at 9:00 a.m. at the University of Texas at Dallas, The Erik Jonsson School of Engineering & Computer Science, TI Foundation Auditorium, Building ECSS, Richardson, TX.
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abhishek101
05-01 07:57 AM
They are just mistaking his EAD card for PR card. My EAD was approved on April 27 and the status says
"Card production ordered/Oath Document sent".
It is just misleadig for a lot of people they can misread it as the PR card.
"Card production ordered/Oath Document sent".
It is just misleadig for a lot of people they can misread it as the PR card.
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raysaikat
04-10 12:34 AM
On Dec 14, 2007, I received an I-140 RFE for "ability to pay the offered wage".
According to the attorney, the RFE was responded to with necessary evidence.
On Apr 07, 2007 I received a I-140 denial notice stating that the RFE reply wasn't received on time. As a result it caused an automatic I-485 denial as well.
Now, I am not sure what my options are. Is it possible to ask USCIS to reconsider the case. Can i appeal?
Please advise.
Thanks
Perhaps you can file I-140 again?
According to the attorney, the RFE was responded to with necessary evidence.
On Apr 07, 2007 I received a I-140 denial notice stating that the RFE reply wasn't received on time. As a result it caused an automatic I-485 denial as well.
Now, I am not sure what my options are. Is it possible to ask USCIS to reconsider the case. Can i appeal?
Please advise.
Thanks
Perhaps you can file I-140 again?
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malibuguy007
10-02 01:05 PM
$250 so far in less than 24 hours. Hoping to do better in the next 24........
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03-25 01:32 PM
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10-01 06:28 PM
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ragz4u
02-03 03:01 PM
Ragz,
I have used a similar copy myself when meeting the staff of Congressman Michael Fitzpatric, with great results. However we were told that we were waiting for the lobby firms to give us their input. My guess was, if they are going to provide some really good insight, then we might as well wait a little and add that b4 meeting the Congressmen/Senators.
If you guys are decided on the presentation, then i can go ahead and book the appointment.
Check your private message too!
I have used a similar copy myself when meeting the staff of Congressman Michael Fitzpatric, with great results. However we were told that we were waiting for the lobby firms to give us their input. My guess was, if they are going to provide some really good insight, then we might as well wait a little and add that b4 meeting the Congressmen/Senators.
If you guys are decided on the presentation, then i can go ahead and book the appointment.
Check your private message too!
LostInGCProcess
02-04 05:28 PM
I have a close friend who has floated a company to pursue an entrepreneurial dream.
My husband is currently working in US and has filed for GC (140 approved status). I have an EAD and am working in a company very close to where I am staying.
My friend has requested me to help market clients for the product that they are developing.. Is it ok for me to approach companies, as a representative of my friend's company and try selling the product(strictly non-compensational)? Or will there be legal hassles in doing this? Please enlighten me with your thoughts..
Appreciate your help in advance.
Since you are on EAD, and I presume you are the dependent applicant, there is no limit on the number of jobs that you can have....Definitely there is no legal hassle...and I wonder why you want to just volunteer? If its fear of legal implication then, change your mind and get paid !!! :)
My husband is currently working in US and has filed for GC (140 approved status). I have an EAD and am working in a company very close to where I am staying.
My friend has requested me to help market clients for the product that they are developing.. Is it ok for me to approach companies, as a representative of my friend's company and try selling the product(strictly non-compensational)? Or will there be legal hassles in doing this? Please enlighten me with your thoughts..
Appreciate your help in advance.
Since you are on EAD, and I presume you are the dependent applicant, there is no limit on the number of jobs that you can have....Definitely there is no legal hassle...and I wonder why you want to just volunteer? If its fear of legal implication then, change your mind and get paid !!! :)
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