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  • gotgc?
    09-17 11:48 AM
    Your lawyer is right. Since you have an active and approved I-140, your I-485 can NOT be denied. Even if it is denied by mistake, it can be re-opened by MTR.

    You should relax, in other words.

    That is the advantage of having multiple immigrant petitions (one or more combination of I-140 and I-130).

    Good Luck to you.


    *** Not a legal advise ***

    Thanks a lot for all your responses...i am optimistic now...hope they keep my AOS pending as I am from EB3-India, I may not get a chance to refile I-485 with my 2006 PD in the next 20 years....once again, thanks to you all...





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  • lostinbeta
    10-04 01:39 AM
    No problem :)

    Now onto step 3...haha





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  • shx
    06-29 03:13 PM
    This is not a shady practice. The employer had petitioned for a labor certification earlier to sponsor GC for an employee who might have left the company. Now they filled the position with you, so its perfectly alright to use the same petition for you.

    As far as the documents are concerned, they are employer centric and they have no reason to give them to you. You will have nothing to do with those even if you get them. If the only purpose you want to solve is to know whether or not your labor and I40 were infact approved as your employer says, you should request your employer to show you a copy.

    The copies are wothless to you if you leave the company anyways, before you get an EAD.

    Don't heed the advise of people who ask you to find a better employer. Such people are only trying to get their own GCs faster, since there will be one less person with an earlier priority date.





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  • SAPGURU
    06-30 02:36 PM
    Nothing is going to happen...I think rumor is spread by AILA itself so that all people can submit the papers before 2nd July and attorneys can file the cases on 3rd before they go on July 4th vacation, Just watch nothing going to happen in July, No new bulletin.



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  • bekugc
    12-11 08:00 PM
    as for Mohits qn. i agree with pragirs' answer.

    during AC21, if new job description is similar to orig LC thing, and if the new cmpany can put that on paper in offer or empl letter, this shud be enuf... a colleague of mine, who was a developer had his LC as a programmer, after 485 apply/180days/Ead etc, he lost his client and my company waited for 3 weeks & laid him off...he used ac21 and joined a small company, who gave him a QA job, but on paper it was put exactly as what orig LC said. in the july flood, he got his GC, no qns asked.

    as for difference in salary, i remember in one of the free teleconf calls done by a prominent attorney , he said if u move from one geographic loc to another, then diff in stds of living etc will allow for same job desc to have pretty diff salary ranges. but if u chg in same geography and have significantly diff salary, it may raise eyebrow...but again what significant means is Gray...





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  • dbevis
    October 23rd, 2003, 11:41 PM
    First, as a fellow engineer, I'll say that is no handicap to photography.

    At the moment I took the shot, I was searching out textured and detailed objects to show me what the 100 Macro lens would be capable of resolving.

    So, the left brain was hard at work being analytical and logical.

    On another level, the structure brought back childhood memories of my grandparents' farmhouse.

    On yet another level, I was facinated by all the small details - mortar, wrought iron fence, and the leaves turning colors.

    Generally, these sorts of images are what I connect with, the ones that I can't quite (or at least instantly) figure out what I'm looking at. Is this a wall, a sculpture, are those windows or doorways am I inside looking out or outside looking in.

    It's also worth noting that there is no trace of the "rule of thirds" in that image.

    Much of the above applies to this one, which I put online this evening:

    http://web.mw.net/dphoto.us/members/displayimage.php?album=13&pos=0

    Don



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  • GC_Aspirant101
    09-28 05:23 PM
    i am in the same boat. receipt notice says Jul5 25 .. online september 15 ( I guess it is notice date)





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  • new2perm
    12-29 10:01 PM
    EB3 - Priority date 06/06

    Filed on Aug 17th @ Nebraska service center. Received EAD. AP status pending.
    Finger printing done on 12/08.

    Soft LUD on I-485 for self and spouse on 12/10,12/11,12/15,12/18,12/28.

    LUD on approved I-140(approved 10/06) on 12/02. Received the 'Your application has been approved....' email from CRIS too on 12/02!!

    This is getting me really tensed :-(



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  • srikondoji
    07-02 03:04 PM
    follow your lawyer's advice.
    You can still be part of plaitiff, if you can show the proof of your expenses and proove that you had a material loss because of USCIS/DOS goof up.
    --sri

    Today morning when I was just adding the notarised birth affidavit that I had recievd last night from India and was leaving to fedex the papers to Nebraska, my lawyer called up and informed of the update and asked me not to send the app. Now after reading all the posts here, could someone advice if I should send the app- I mean if there is some re-thinking by USCIS, would they might say show us the sent reciept etc ???

    Pls advice,

    Thanks,



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  • NKR
    03-11 02:53 PM
    You are not DESI... How dare you to think about working for wife...Thst's not in true DESI's blood.. Wife should work for you...

    Dude, Shed your medieval cloths and come to 21st century.





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  • hiralal
    05-11 08:01 PM
    What I intend to say is "No one will help you" - YOU HAVE TO HELP YOURSELF
    Chandu ..your posts are always sensible and you describe the problems correctly ..I had a quick question though ..how do you help yourself / ourself (apart from donations to IV, volunteering etc) ?
    do we meet congress man ,, if yes, then everyone should do it simultaneously .. but again they will talk about jobs for americans !!
    and hence I say ..we need to meet realtors in large numbers ..show interest and make them salivate for your business and then back out of the deal !!!



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  • brb2
    03-26 08:58 PM
    The worst thing about TOI is that they routinely censor out on-line posts which are critical of their article/opinion. Since then I have stopped posting anything on TOI. On-line editors seem to be control freaks.





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  • yabadaba
    06-25 06:40 AM
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  • Desertfox
    05-08 03:26 PM
    There is no doubt that their work is a lot harder than it appears, but the point is that H1B is always interpreted as Visa for Computer Programmers ONLY, in the mainstream media. I think its time to publicize this new initiative from congress and let everyone know that H1B is not only for Programmers, it’s also for Fashion Models, Doctors, Engineers, Architects, Scientists and who knows what else! :mad:

    I think thats what kevinkris meant when he said "give me a break".





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  • xbohdpukc
    09-25 11:59 AM
    The Immigration Nationality Act does not say specifically that h4 time is added towards h1 time. It is the way laws interpreted by uscis that states h4 time counted towards H1. USCIS can change their interpretation by merely issuing a memo.

    http://immigrationvoice.org/forum/showthread.php?t=454&page=3

    see this thread.
    Maybe it is a good idea to contact the Ombudsman about this issue.

    I'm not a lawyer, but my assumption would be that this is cannot be changed by an USCIS memo. Why? Because H4 is simply a derivative status which means that it obeys all the rules pertinent to the primary beneficiary's status plus additional restrictions imposed to the particular classification by law. H status is restricted to 6 year continuous presence in the US.
    It would be helpful to find the definition of a derivative status; INA does not provide such definition, but I'm sure they wouldn't be using these words loosely without a proper definition.
    So my guess would be is that the answer to the question of "decoupling" H4 and H1b time will boil down to the answer to another question: what really defines a derivative status.



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  • Kevin Sadler
    May 2nd, 2005, 07:50 AM
    Nice shots, Anders. And you're right on track with your thinking about getting wheel spin to really enhance the photos mixed in with a combination of panning shots as well. There is something about wheel spin and motion that really adds to an image. Cox's pic is a great example and dan13 has some good ones in his gallery too. So the question is how much? Just enough is the answer. One of my buddies is a professional auto racing photographer. He's had mag covers and they fly him around to different tracks, even to Japan. So he's the real deal and very good and his published pans are flawless. But he says it's still trial and error and every track condition is different and it still takes a bunch to get a good one. Now he can get dialed in a lot quicker than most of us, but you get the point. Keep slowing it down until you get it. :) Hope that helps a little. Later, Kevin





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  • dagabaaj
    04-08 03:11 PM
    For EB3 India 7% of 85,030 = 5903. And still Dates are stuck in 2001. I don't know what it take to move it to beyond 2002-2003 ?
    I'm afraid if there are 100K EB3 in 2001-2004. Why doesn't USCIS come up with such statistics..


    Providing such statistics woul dmean accountability right. There si no value add for them other than getting a bunch of calls. I really wonder what the nuber is for the 2001-2003 period. 100K looks kind of large.





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  • peer123
    04-16 09:56 PM
    bumping...





    sunny26
    03-10 10:37 AM
    if its for education then consult with ur lawyer whether its possible to file for eb3 with same labour.if not file for appeal and get some time.apply new labour





    techbuyer77
    07-20 08:54 AM
    If u dont use ur EAD for the first 6 months, then u can join the new employer any time using ur H1B. But immediately after the date of EAD activation, u will need to stick with the corresponding employer for the next 6 mnths.[/QUOTE]

    this is not correct. You can use EAD to work wherever and whenever you want. If you get laid off after let say 1 month from filing, it is safer to transfer h1b, but it is not true that if you use EAD you should go back to original sponsor.
    You must only go back IF AOS IS APPROVED within 180 dyas from filing.



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