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  • karthikgk
    06-14 04:20 PM
    porting can be beneficial but attempt it only if you are 100% sure that it will succeed and talk to your lawyer before you do it and don't attempt to do it yourself. it will be a lengthy process with increased scrutiny. 3-4 months for labor and atleast 1 year for 140 processing and moreover DOL is making it tougher for EB2 with strict adherence to the rules and increased scrutiny. after all this, there is a very high likelihood of getting RFE from USCIS at 485 stage. if any EB3 person has EAD, AP then it would be best to play it safe and stay with EB3 as you already have the benefits of EAD and AP. I know it would be much much better if you have a green card, but would you have it safe and sure or do you want to go through all the stress of refiling and preparing for all the problems in the process? it should be ones own personal choice. moreover I am hopeful that things will move favorably after the elections with the immigration reform and might result in some relief for all EB categories

    Thanks all for the various responses. However, Immique, what kind of RFE can be expected @ 485 stage?

    Also, I have moved to Biz Dev from an engineer after my Labor. I now have my 140 and EAD. Is there any risk because of my change in role?





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  • anandsubu74
    02-08 09:44 AM
    Does anyone know when March bulletin comes out...





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  • Dhundhun
    08-05 05:34 PM
    PD for family based visa is based on the date you file your I-130 for your Spouse. Nothing to do with the Labor certification.

    For unmarried sons and daughters of GC holder same PD is given as of parent - I saw couple of documents.

    I am not sure about (2A) cases.





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  • mzdial
    June 13th, 2004, 09:00 PM
    D70 just shipped in the last couple of months. I'm doubting you will see an offering in that same price range from Nikon for another 12-18 months. Perhaps they will update the D100, but who knows.

    -- Matt



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  • solaris27
    11-19 01:40 PM
    good luck





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  • watzgc
    04-22 06:04 PM
    Applied for H1 extension at Vermont (Premium Processing).
    working for the same client for more than 3 years.

    Submitted paystubs, timesheets, w2 etc for RFE..

    But still rejected the petition saying he needs a letter from client describing my job duites and responsibilities etc.

    Now filing for a motion....

    Sjax,

    Have you submiited client letter while replying to RFE?



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  • jonty_11
    05-30 06:17 PM
    Good one Pappu..
    I am sorry that you have to come out and vindicate IV against such idiotic behavior...sidetracking us from the main task at hand.. I cannot even imagine how such people can call themselves High Skilled

    Its an absolute Shame!





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  • glus
    01-15 09:37 AM
    Hey Everyone,

    My brother is a US citizen who has filed an I-130 for me and my family in May, 2008. We've traveled to the US on B1/B2 visas in February, 2009. The thing about it is that in the DS-156 form point "36. Has Anyone Ever Filed an Immigrant Visa Petition on Your Behalf?" we've answered "No". I've had no idea at that time that it was referring to the petition for alien relative. Anyways, we've returned back home in time. Also, I've had 3 visas before (2 tourist and 1 student) and never violated any immigration laws.

    Then in December, 2009 we've applied for F-1 visa and got denied. This time it was a DS-160 form that we filled out which replaced the old DS-156 form. It didn't have that question about the petition anymore. I think they've decided to exclude it because a lot of people were confused by it. Anyways, the consulate officer didn't like the fact that I haven't transferred my credits from 2 courses of University that I've completed in my home country. Plus my major differed from my previous education course.

    So my question is. Is it ok to apply for F-1 visa while I-130 is pending? I mean we've been issued B1/B2 visas before. Even though we've answered "No" to that question, they saw that I had a brother in the US who is a US citizen. I'm thinking of transferring my credits and using same major course this time or at least similar. This way in the eyes of the consulate officer it will look as I am going to the US to finish my education. The thing is, I am planning to attend community college first in order to finish general courses and then transfer to the university. My major in my home university was physics and this community college doesn't have it. I may go with "general education" course at the community college and explain to the consulate officer my situation.

    Is it even legal to apply for F-1 visa while I-130 is pending? I believe so. My another question is. Once I finish education. What's the next step would be? Will it be easy to transfer from F-1 to H1B visa while I-130 is pending? What about my wife and a baby who will be on F-2 status? Please share your thoughts. Thank you!

    hello,

    Generally speaking, F-1 is a visa with pure non-immigrant intent. By filing I-130, your brother showed you intend to immigrate to the U.S. As such, most likely F-1 can't be approved. If you said NO when they asked if anyone ever filed an immigrant petition for you, you may be held accountable for committing fraud for immigration purposes. If USCIS realizes you lied on your non immigrant petition, you may become inadmissible and deportable. Consequently, I would consult with an attorney before applying for F-1. Hope this helps.

    Under current immigration law, one cannot be issued a non-immigrant visa which carries no dual intent, if one intends to immigrate to the U.S. If you had answered YES on your DS-156, the consular officer would have no legal basis to issue to you a tourist visa.

    Best Wishes,



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  • helpful_leo
    02-23 02:57 PM
    2/ What can we do to communicate our agenda to senators and congressmen?

    The most effective method is to fax your suggestions to the lawmakers� offices across the country. We should start with the sponsors and co-sponsors of the PACE bill. Pls learn how you can access PACE co-sponsors names in the 3rd post at this thread:

    http://immigrationvoice.org/forum/showthread.php?t=151

    Also in the above thread (1st post) you will find a word attachment that articulates our basic agenda. Please use material freely from that letter, or even the whole letter itself, to communicate with your lawmakers.

    This is the link to contact details and web pages of various senators:

    http://www.senate.gov/general/contact_information/senators_cfm.cfm

    Find your senator�s name and webpage listed there and fax your letters to them at the numbers listed under Contact Me. Pls note that for the most part, you can contact only the senator of your home state. So, for e.g., if you live in New Mexico, you have to contact only the senators from NM. Please include your name, address, phone number and e-mail id in your fax. Due to this limitation, it is very important that we connect with PhDs in various states so that we can contact all senators and congressmen across the country.


    Once you fax it to them, they will most likely contact you with questions or to just thank you for your letter/ fax. If you do not hear from them in 3-5 days, it is advisable to call up their office and ask if they received your message and how they are following it up.





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  • meridiani.planum
    09-19 12:43 PM
    This topic is useless...!!!!

    What are you going to achive by knowing about US citizens..???
    If they make a rule wherin US born child parents should be given the US citizen ship, hands down I can say immigrant will make use of this rule efficiently.:D:D:D:D:D

    right. Either way one has to go through Labor pains. Atleast in this case the case is processed within 9 months, we dont have to keep waiting and looking for Visa Bulletins.

    Also, I am sure in this case no one is going to try LC-substitution.

    In addition, no one is going to agree to file a case as a 'future employer'. It will only be filed once the employee really commits to the sponsor.



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  • LostInGCProcess
    06-18 10:56 AM
    I would like to thank all the members for their responses.
    I am at least (I think) safe, cause I have approved I-140, EAD and I-485 pending and crossed the 6 months waiting milestone. I am still on H1 with that company. They recently merged (or bought by) the other company....from that time on that new company started sending all these documents to sign....which my old company never asked me to do so.

    However, I feel sorry for those who are new and primarily in H1B with the company. They don't have much of a choice, I guess.

    Thank you pappu, senk1s, jthomas, sunilbhai, snathan and kshitijnt for your valuable comments.

    Thanks,
    RC :)





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  • raysaikat
    04-05 06:06 PM
    If it is your home address you are talking about, then the RFE is very likely unrelated to the address change.



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  • hpandey
    10-09 01:42 PM
    If your I-94 expires you will be out of status ... it would be best if you take your new passport and travel outside immediatly before its expiration so that you can get a new I-94. The earlier IO probably didn't give you an I-94 till 2010 because your passport was expiring within 6 months.

    I think you need to act on it urgently.

    I have the same issue. My wife I-94 was issued based on her passport expiry date and not on her I-797 expiry date. I called up my attorney and she told that the best way to deal with this issue is to travel out of the country. If anybody had renewed it without making a travel, please post here.



    [QUOTE=gc_dreamer_485;180725]Hi Folks,
    I had been to canada to get my Visa stamped for my 7th in March'07. At the time i was entering United States, the immigration officer did not issue the I-94 to the validity of visa since my passport was expiring on Oct 27th 2007...





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  • Marphad
    08-20 11:30 AM
    There is no way to clean every thing with in 3 to 4 years, Why because like EB3 china and India had country limit per year.

    Country limit is EXCLUDED for employment based visa spill over. Read USCIS policy.



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  • bank_king2003
    01-18 04:44 PM
    This is the supervisor's information at newark airport and he is very keen to note that nobody is treated in an unprofessional manner. basically he is the manager of all CBP officer at newark

    Newark International Airport Domenico Calise (973) 368-6000

    please bring this incident of rude CBP officer at newark by calling above number so that they can take appropriate action against all the ill-treatment.

    Thanks,





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  • raj2fly4
    07-12 04:04 PM
    Orginally posted by sodh
    What jurisdiction mumbo jumbo are they giving your pp is still valid in all states in the US for H1-B.

    The seattle, WA office or any other local office doesnt accept form I907 (which is for PP). After my case transfered to seattle, WA my employer tried to convert into PP. He sent it to USCIS, CA they said it is not with them so they can not accept it. Then he sent it to Seattle, WA with all the letters attached. The seattle office rejected the 907 saying they dont accept 907 in their office.



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  • Vlora
    10-23 05:41 PM
    No; the 485 approval and name check are two different things. Even after 485 is approved and your PD is current, you don't get the GC until the name check is cleared.

    Interesting, Murthy's report (http://www.murthy.com/mb_pdf/apr2304.pdf) makes a different interpretation. qplearn, could you please clarify your sources or shed some more light on the issue?:confused:
    For the record, filed I-140 and I-485 concurrently (EB2) on June 21 at NSC. Got FP, my wife got EAD.





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  • kaisersose
    09-17 02:25 PM
    How were you able to file in june 2007 when the dates were not current for eb3. They wont even accept the applications.

    Why do people assume everyone here is from India?





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  • DesiGuy
    09-12 11:47 AM
    thanks both (gcop & ram).:D

    for_gc,

    once bill becomes law, USCIS will have to implement it immediately, else they will be breaking the law. there probably is a way for them to go to court and ask for more time by citing administrative delays.





    saiimmi
    05-06 09:23 AM
    Yep, few states consider long time residents as out-of-state /international students if they are in any other status than that of GC/Citizen. I live in MN and Univ. of Minnesota considers me as international student though I have lived in this state for more than 2 years and have been in this country for 10 years.





    eager_immi
    01-25 12:47 PM
    this is compeletely voluntary. I have contributed $50.00 so far. I think good way is to create spreadsheet showing member names and contributions, make link to it. Whoever wants to see, they can always look it. But I think we should not make it mandatory to contribute for becoming a member. Any advice / opinion is valuable for IV.



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