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  • H1bslave
    11-14 10:27 AM
    At the time of 485 approval if future employer (B) is responging to RFE then yes you must work for long-term with B, however, in today's world 6 months is considered long-term.


    Well, are you sure I would need to work for this "future employer" for 6 months?

    AC21 does not have a limit on the number of times you switch employers. Technically, if you were working for Employer A at the time of the RFE and submit a EVL from Employer A, you could then switch to Employer B immediately on AC21. In this scenario, I haven't worked with A for 6 months.

    Is this scenario different because A is not a future employer?





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  • SFGREG
    February 2nd, 2004, 10:53 PM
    Hi,
    From an old time NIkon user with of all cameras the N70 (sort of ironic). I currently own a canon dig camera (s50) and I have found the need for a better optical zoom range, and stronger flash.
    Almost bought the new canon rebel, but since I own some nikon equipment, and heard about d70, I held off.

    So, the questions:;;

    1) Will I be able to use my Nikon AF Nikkor 35-80mm lens?
    2) How about my Sigma 70-300mm apo macro for nikon?
    3) I also have sb26 nikon flash?

    Are these all usable? WIll I be giving up functionality with these lenses or flash? Obviously, I'm more willing to spend 1k on the camera if I can utilize my current investment in my lenses and flash.

    Thanks
    Craig





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  • Anders �stberg
    July 15th, 2004, 06:55 PM
    I can't stop thinking about how the picture would have looked with the mother bird in focus and the young OOF... it didn't occur to me at the time but it would have been very cool to try to preset focus for the approaching bird... I hope they are still there tomorrow...





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  • mzafar125
    08-19 12:13 PM
    relax until the new biometrics notice comes. Chances are it never will. The CSR you spoke to probably did'nt read/know the new rules.

    I called USCIS again today and spoke to a IO, they stated that the biometrics had expired and that I should simply wait for the new request. I tried to argue with them that the register stated that they should use what they have in their database. They stated that I have to go for my biometrics and there was nothing else they could do about it. I then asked them if everything else had cleared and they stated that they were only waiting for my biometrics at this stage.

    The funny thing is that I submitted a referral since my application was outside of the processing times. The referral stated that biometrics were missing. Now if I had not filed my referral USCIS would have simply just sat on my application until god know when. I am going to write a letter and get someone over at USCIS to listen to me. An uphill battle but it's better than just relying on USCIS.

    Does anyone know how long biometrics are valid for ?

    Good Luck folks, hope this nighmare ends soon

    Priority date 10/2002
    i-140 approved in 1/2007
    EB3, ROW



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  • like_watching_paint_dry
    09-07 09:59 AM
    I'm not sure how much help this would be. But I've noticed in the past that companies in India like Wipro et al apply for H1/L1 for their employees and keep the H1 around. And when the need arises, they send them over on short term work assignments (anywhere from 1 - 18 months).

    Ideally for the purpose of meetings etc, they should be using the B visa, especially when they have not sponsored an immigrant petition. But in your case, you have an immigrant intent so I guess a H or L is the way to go. Please consult an attorney as I have no idea about what implications your Canadian pay setup will have over the 'pay prevailing wages during H1B presence' issue.

    I dont know much about L1 but yours seems perfectly suited for an L1 and I believe L1 can have immigrant intent too. Any reason you cant go on to L1?





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  • saketkapur
    04-21 04:49 PM
    Well California is not same....they took 4 months to renew my lisence....and its purely based on the expiry of the H1B I-94 :mad:



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  • raysaikat
    11-29 05:01 PM
    The line in bold above is NOT TRUE. You can work in the USA with the approved H1B even if it is not stamped and even if you arrived using H4. All you need is a SSN along with the approved H1B to start working.

    What you say is true if the approval notice (I-797) has I-94 attached. If not, then she needs to go out of the country to change status.

    In other words, the status is determined by I-94.

    Usual warning: Use any of above at your own risk!





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  • senthil
    07-26 01:53 PM
    wow this was really fast. can u furnish some details like
    country / EB category / PD etc for our info. good luck



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  • small2006
    08-31 10:15 AM
    Looks like this is only for renewals

    A colleague of mine (not India or China) got her EAD card in mail within a month of applying. Her 485 has been pending for more than a year.
    Another friend of mine from India got his approved within 60 days of applying.

    Doesn't all these mean that the interim EAD (or whatever you want to call it) is still possible and we can get it?

    I am confused.





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  • SDdesi
    08-29 05:01 PM
    This includes 2nd July 2007 received date.....

    Its very ambiguous.....on one hand they say:The processing dates shown below represent the receipt dates of petitions and applications currently being processed by the USCIS field office
    and then they also say: If the receipt date shown on your receipt notice is prior to the processing date shown below, you may call USCIS Customer Service at 1-800-375-5283

    So we cannot call the USCIS even if the RD is July 2. :confused::confused::confused:



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  • EB-VoiceImmigration
    02-24 08:50 PM
    Moving to the Faster Lane : Changing EB3 to EB2

    We at the Murthy Law Firm receive many inquiries as to whether it is possible for an individual with an employment-based, third preference (EB3) case to change to the employment-based, second preference (EB2) category. As explained in this article, it is possible for many some people to make this transition. When combined with the potential to retain the priority date from the earlier employment-based (EB) case, this can be a powerful tool for qualified individuals to obtain permanent residence, or the "green card," much earlier.

    EB3 Cannot Simply be Changed to EB2

    Often individuals ask whether their current EB3 cases can somehow be converted to EB2s. They will usually mention that they had enough education and/or experience to meet the EB2 requirements at the time the EB3 case was filed. The answer to this is simply, "No." The EB category of any labor certification-based case is set at the beginning, when the labor certification is prepared and filed. The category depends on the requirements specified in the labor certification. If these requirements are at the EB3 level, then the case is filed as an EB3, even if the foreign national beneficiary may have qualifications in terms of the education and work experience sufficient for an EB2 level job.

    New EB2 Case Filing Based on Minimum Job Requirements

    It is possible for an individual with an EB3 case to have either the existing employer / sponsor or a new employer file a new case in the EB2 category. Of course, the new position must meet the EB2 requirements, and the individual must qualify for the offered position. The starting point must always be with the job requirements, not one's own education and experience. It is the job that must fit within the EB2 category, as the law requires that the employer specify the minimum education and other qualifications for the specific job. Then, of course, the beneficiary must be able to establish that s/he meets the education and experience required for the job.

    New EB2 Filing Permissible with Job Change

    It is not unusual for an individual with an EB3 case to qualify for EB2. This happens when one acquires additional education and/or experience through the years during which the EB3 case has been pending. Over time, people often are promoted into jobs that may meet the EB2 requirements.

    Typically, questions about potentially changing to EB2 come from individuals who have reached the point where they have filed their I-485s. They have waited for a number of years, but are suffering under the enormous waiting times in the EB3 category. Many have used AC21 to change jobs, are advancing in their careers, and now hold jobs that could meet the EB2 standards.

    EB2 Filing can be with Existing or New Employer

    As explained above, in order to move from EB3 to EB2 it is necessary to start over with an entirely new labor certification. This often is filed through a new employer, when an individual has moved to a different job.

    It potentially could be filed through the same employer that filed the EB3 labor certification. This could be appropriate if one obtained a promotion or otherwise moved into an EB2 job. If filing through the same employer, the employee ideally should have completed the minimum years of work experience for the EB2 position before starting work with the current employer. This is because there are legal issues and potential restrictions when relying on the experience gained with the same employer to qualify for the new job. These issues should be analyzed and discussed with an attorney experienced and knowledgeable immigration law.

    Transfer of Earlier Priority Date to New Case Filing

    The greatest benefit to utilizing the strategy of re-filing comes in the potential to retain the priority date from the EB3 case. This option exists if the EB3 I-140 petition has been approved. If so, then it is possible to request retention of this priority date in the later-filed EB2 case. This means that it potentially is possible to transfer the earlier EB3 priority date to the later-filed EB2 case with a new or the same employer. In many cases, this means that the individual could have a current or closer-to-current priority date, thus saving many years of waiting to become eligible for permanent residence.

    There are some issues with respect to retention of the priority date if the I-140 has been revoked. Generally, however, it is the policy of the USCIS to allow the retention and transfer of the earlier priority date if the I-140 petition has not been revoked by the USCIS for fraud or misrepresentation.

    Is Earlier EB3 Filing Made Vulnerable by Filing New EB2?

    Most people inquiring about this option are concerned about any potential risks to their current EB3 cases. There are some procedural options with respect to the final step in the re-filed cases. However, it is possible to process the new case without risk of disruption to the EB3 case. This assumes that all information provided in the course of the prior filing was accurate.

    A new labor certification filing, even if not approved, would not disrupt a prior approval. The same holds true for an I-140 filing. Conversely, approvals of the labor certification and I-140 do not disrupt or displace existing approvals. It is possible to have multiple approvals of labor certifications and I-140s for the same individual. Even when the request to retain the earlier priority date from the EB3 case is granted, the prior EB3 case remains undisturbed. There is nothing transferred or taken away from the EB3 case in the process of requesting that the EB2 case be assigned the same priority date.

    At the final stage, there are options as to how to complete the case. The pros and cons should be discussed with a qualified immigration attorney. It is possible to proceed with the cases essentially in parallel, allowing for two cases and two potential avenues for eventual approval of permanent residence. The best way to proceed depends upon one's situation and, ideally, should be analyzed to consider the risks and options. What is helpful to most people, however, is that they do not have to risk their current EB3 cases to try to move to EB2.

    Conclusion

    At the Murthy Law Firm, we have successfully utilized the strategy discussed in this article for many of our clients by filing for each a new EB2 case with the same or a new employer. While it requires starting over with a new labor certification, for many it offers a significant advantage in terms of timing when the earlier priority date can be retained. MurthyDotCom and MurthyBulletin readers who wish to explore this option further should contact the Murthy Law Firm to help them with this process or for a consultation to determine whether it is appropriate for them.

    Copyright � 2010, MURTHY LAW FIRM. All Rights Reserved





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  • dealsnet
    08-04 01:51 PM
    She have the H-4 because of her husband. If he want to cancel, he can inform USCIS about the separation. The USCIS can cancel her H-4 and she will be out of status. Just like employer can cancel the H1B. If he didn't cancel, she can stay untill the validity of her I-94.

    USCIS will approve the GC, when they satisfy the spouse is living with the petitioner and every thing in order and without any problem (joint tax, bank accounts etc....).
    That is why they again send RFE for some people.

    Even family based GC after marriage there will be an interview after years to get the permanent GC. In that interview, judge will ask and find out what level of intimacy these couples have. He want to satisfy these people are real husband and wife. (this interview is not for employment based candidates)

    If she is on H4, as long as H1 is valid she can continue legally in US. I do not see any reason for her to go back.
    She can file I-485 as a dependent, since she is still the wife of the I-485 primary applicant.



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  • gsc999
    05-29 08:04 PM
    I have a early 2004 Priority date (EB3 India) and asked my attorney if it is wise to reapply in Eb2 as it is current in that date, and she says she believes my Eb3 PD to get current by july. Folks, what do you think ?
    ---
    "Attorney Opinion" hmm... this title is misleading. USCIS priority date is not a legal issue. That so called opinion is a personal opinion. Ask him/her again. But this time let him that you might make some financial/ personal decisions based on his opinion :) and see his/ her reaction. Ask him what are the consequences if his advise is incorrect.:p This just might change this opinionated Attorney. Btw, I would be happy if this attorney is proven right. We all want the priority dated to move faster.





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  • SEP03NY
    08-15 02:57 PM
    one of my friend file I485 on 30th July, he got receipt notice. They
    have mention received on 2nd July.



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  • franklin
    10-12 10:53 AM
    Please move this thread to the appropriate forum, this has nothing to do with DC rally logisitics





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  • knowDOL
    05-26 07:32 AM
    I think we shou;d draft a Thank you webfax so all memberrs can send it.



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  • lostinbeta
    10-03 11:53 AM
    Thanks :) I while back I wrote an Action that produced the effect because I used to use the fade out effect a lot, but my Photoshop got screwed up somehow and I had to remove it. So I don't have that Action anymore:(

    Maybe I should remake it, I don't know, I don't use the effect as much anymore. I think I could just do it by hand.





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  • hebbar77
    11-23 08:10 PM
    Do you mean we can send checks for $ accounts to be deposited into local rupees accounts in india? Does this work. Do you know how long it takes for them to get the money after each cheque deposit?

    I send through Wells Fargo to ICICI bank in Inida. You can open a remmitance account with wels fargo and wire transfer yourself. Every $1000 dollars they charge $9 dollars.
    Advantage is money is there in 2 days.
    Simplest way is ...send your mom, post dated checks for the whole year. Mail it through Prioriy mail using USPS.....ony costs 5 dollars. She can deposit the check every month. I 've been doing it for longest time.
    Only , in case of emergency and you want to transfer 5000 or more, i like Wells Fargo Service.





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  • skagitswimmer
    June 19th, 2005, 01:19 PM
    and here is a version with FM 3 and a touch of level and contrast adjustment.

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    OT : Jet Airways Chennai to JFK via Brussels [Archive] - Immigration Voice

    View Full Version : OT : Jet Airways Chennai to JFK via Brussels






    morchu
    04-22 09:48 AM
    Yes to both questions.
    Priority date can be retained only after 140 approval.

    I have seen PERM applications get approved with multiple locations mentioned.
    But it is on a case by case basis. You may need to prove the requirement for multiple location.

    Thanks Morchu for clarifying this. I do not want to be unlawful at anytime. That's why I am trying to understand this process as best as possible and then plan accordingly. so when you say this "You are NOT loosing "anything" by filing a second LC at the new location. You keep your priority date, and PERM is fast and I-140 processing time is 4 months or so" the only way to retain priority date is with approved I-140 .

    Secondly, I read online either at this forum or at Murthy that one can include as part of "ETA form 9089" (Application for Permanent Employment Certification) a clause which states that the person "may be assigned to various, unanticipated sites throughout the United States". Is it true? And is it used widely by employers to retain flexibility?

    Thanks a lot!!!!!!!!





    schandra
    11-24 04:50 PM
    Same here too
    Stuck in EB3 though - I-140 Denied in Aug 2008 and filed an Appeal.
    And to make it worse, no time left in H1 either, as I have been here since 2001.

    Is there any alternative to this?
    As in, can we apply for another I-140 while the appeal is still going on?

    I seached in the AAO decisions website and the signs are not very encouraging. attached link has Jul 30 2009 decision in regards to 3 yr bachelor with diploma. I am seeing a lot of these.

    http://www.uscis.gov/err/B6%20-%20Skilled%20Workers,%20Professionals,%20and%20Oth er%20Workers/Decisions_Issued_in_2009/Jul302009_07B6203.pdf

    Is there nothing we can do to tackle this situation?
    I would REALLY appreciate if you anyone can provide more info or share their experiences, provide an opinion, ANYTHING.

    Thanks
    Subbu