Saturday, July 16, 2011

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  • zwswim
    01-26 03:42 PM
    If she will not be able to get F1, what will be her status in USA ?





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  • bayarea07
    07-21 09:30 PM
    A quick question for all you experts out there

    My wife is on H4 right now and I am on H1, though we got our EAD last year, but I am still using my H1 and not used my EAD yet, So is it possible to apply for Social Security for my wife, will applying for Social Security Number, considered as using EAD and H1 becomes void.
    Can anyone please reply.





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  • r_mistry
    07-23 09:29 AM
    Hello Everybody,

    This is my story,

    1 - Came to US on B2 (visit visa) in October, 1999. My legal stay way valid till April, 2000
    2- Found an employer and in March, 2000 filed for H1B/extension of stay. Lawyer at the time told me that since we filed H1 i don't need to file any other extension of stay
    3- August, 2000 received approval notice of my H1 but approval notice mentioned start date of October, 2000 rather than March, 2000 as requested in the petition and approval notice did not have the I-94 card attached with it meaning they did not change my status. Appealed the decision and got some feedback from USCIS that they will look into this. Started working for the company in October, 2000. In January, 2001 Company received another notification from USCIS but I was never provided the copy so not sure what was the decision and was told all is fine but never provided the final approval notice. When i checked case status back in January 2001 it said case approved and approval notice sent. However when I check online case status now I see following,

    Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
    Current Status: Cable sent to American Consulate or port of entry notifying them of approval.
    On September 7, 2001, the appropriate American Consulate or port of entry was notified of the approval of this case. Please contact them directly if you need more information.


    4 - In 2002 transferred my H1 to new company and got the approval with new I-94 card without any issues.

    5- In 2004 transferred my H1 to another company without any issues and I�m with that company since then. They filed my labor, I-140 which has been approved and now ready to file I-485. Lawyer of this company wants to attach the approval notice of my first H1 from 2000 with I-94 card attached to it showing proof of my change of status which i don't have. I have approval notice without I-94 card from 2000.

    6- I also left the country in 2006 and went to Canada for two weeks and then came back in the same month without any issues.

    Current lawyer is fling I-485 without my first approval notice from 2000. Do you think this would cause issues or generate RFE for I-485? I heard that once you leave the country and re-enter legally all previous status issues if any are put to rest, I left the country in July 2006 and re-enter in the same month?

    Please provide your input on my case...many thanks!!!





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  • engineer
    12-11 08:13 PM
    See below for introduction to Immigrationvoice.
    http://immigrationvoice.org/forum/showthread.php?t=16034

    Many provisions which will help all of us have chance to get into OMNIBUS bill in Senate between now and Feb. Read more about OMNIBUS bill at http://immigrationvoice.org/forum/showthread.php?t=15745

    For this IV urgently needs close to 30k for lobbying efforts. We have collected 27k so far.

    I am coordinating campaign for WI. Please see action item below and I will really appreciate your support and prompt response.

    Three immediate Action items:
    1. Contribute now even 25$ would do.
    See http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44

    2. Be part of IV: To get, inside updates, share what you want us to do, please become member of WI State Chapter of IV. Send me your non-ge email.

    3. Reach out: Send this message to atleast 5 people (and cc me) who are facing Green Card delays and have them talk to me directly.

    I understand everyone can not go out and protest and meet Congressman/ woman/ Senators but I am certain that these 3 action items can be done very easily.

    thanks,



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  • upuaut
    10-31 04:40 AM
    I only have V2 so I'm not sure if all this applies.

    As far as chrome goes, I've found that speculative colors, with highlights and shadows turned on, can produce chrome looking effects if the lights are positioned correctly. It takes some playing around though. The objects are vector drawn though, so keep that in mind. The objects will never look really chrome, just metalic.

    In V2 you couldn't cut a quarter out of a square. I would take 7 squares, position them in place so that it looked like a chunk was taken out of a single square, then grouped them together.

    If you're looking to do serious cut away 3D modeling, and wire mesh 3D modeling, then you should look into getting a copy of 3DSmax or something equivilant. It also has great metal, glass, and gassious effects. As far as I know, Swift3D don't do that yet. (like I said though, I haven't seen V3 yet)





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  • jnraajan
    04-11 01:13 PM
    Guys

    I have a question. Why is it that no one, including AILA, considered filing a lawsuit asking USCIS to do their jobs.

    In this world of retrogression and uncertainity, USCIS is processing very slowly. If they can use all 140,000 visa numbers and the recaputre numbers from 1999-2000 (I think it is around 220,000), we might not have this problem here today.

    We are not asking them to make any changes to law or administrative fixes. All we are asking is that they do their jobs efficiently. So, why is it no organization has tried this? or has this been tried before and failed..



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  • beautifulMind
    04-22 02:38 PM
    so what do we do now..How can we get the accurate wage

    http://www.flcdatacenter.com/OesQuickResults.aspx?code=15-1034&area=45300&year=9&source=2


    if we go there the jobzone is NA and hence the salary cannot be accurately determined hence by rule just out level 1 wage

    O*Net� JobZone: NA





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  • abqguy
    03-15 06:04 PM
    I had contacted all the senators and house reps in New Mexico via their website and heard back from Senator Jeff Bingaman.

    Please see his reply:

    Thank you for your letter regarding relief measures to raise the quota of employment-based legal immigration visas. I appreciate your taking the time to write. I understand the important contributions made by high-skilled immigrant workers in our economy, and I will certainly keep your concerns in mind as we debate immigration reform in the 110 th Congress.

    Again, thank you for writing. Please continue to keep me informed regarding this or any other issue of importance to you.

    Sincerely,

    JEFF BINGAMAN
    United States Senator



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  • kanshul
    12-28 09:11 AM
    I would strongly recommend getting her on L1 /L2 or H1 / H4. How? I am not sure and depends on your situation. If she is on F1 she may have problems as F1 is strictly a non immigrant visa and she clearly has immigration intent.

    Also, unless something as unusual as in July 2007 happens, there is a slim chance for you to file her 485.





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  • prout02
    02-19 12:40 PM
    So now USA considers TN as a country?? Some conspiracy, eh??



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  • mwin
    08-30 10:00 AM
    Your wife will have to wait till your PD becomes current. Then only she is eligible to apply for green card.


    Hi,


    I applied I-485,EAD,Advance Parole on July 20,2007 but i have not yet received any receipt number as of now.

    During that time I could not able to apply for my wife. She will be coming to USA on H4 visa in the mid of October.

    what are the possibilities to include her in my greencard process?

    Please educate me on this situation to take care of my wife's greencard process with my GC process and also please share your experiances if some one has similar kind of situation.

    My Case Details

    Labour Filed (Perm)--------------------------> Jan-2006
    Labour Approved -----------------------------> April-2006
    I-140 Filed -----------------------------------> Aug-2006
    I-140 Approved --------------------------------> November 2006
    I-485 applied only for myself --------------> July 20,2007
    First entry into USA------------------------>January 2000
    H1 valid till ------------------------------>January 2010(with 3 years extension from 2007 to 2010)


    Thanks
    -Kishore





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  • Blog Feeds
    06-24 04:30 PM
    http://www.californiaimmigrationlawyerblog.com/tatoo.jpg

    Yesterday I went to a training for immigration attorneys in Sacramento, California. The jurisdiction of the USCIS field office in Sacramento (https://egov.uscis.gov/crisgwi/go?action=offices.detail&office=SAC&OfficeLocator.office_type=LO&OfficeLocator.statecode=CA) includes the cities of Vallejo and Benicia so I thought it might be useful to hear about any new local procedures. While I did not learn anything new about what is happening at Sacramento USCIS, I did learn about new procedures being applied to applicants applying for visas abroad.

    It seems that applicants who have tattoos are being screened more carefully at their medical appointments. The belief is that an individual with a tatoo may be involved in gang activity which furthermore may lead to that individual engaging in substance abuse. In a published article included in conference materials at the American Immigration Lawyers Association�s (�AILA (http://www.aila.org/)�) annual conference, immigration lawyers Fernando Rojas and Magda Montiel Davis, explain what is happening:

    Panel physicians are asking applicants about the meaning of their tattoos and the medical personnel conducting the exam will take notes describing the tattoo. This interrogation could lead to further questions about the applicant�s possible gang affiliation and criminal history. Applicants with tattoos are also being questioned by the panel physician regarding their substance abuse history. Apparently, panel physicians are making the assumption that applicants with tattoos are more likely to do or abuse drugs. If the beneficiary admits to any drug use, Consulates will use this information against the applicant in order to deny the visa by making a substance abuse finding against them.A finding of substance abuse is serious because an applicant who is a drug user or abuser may be denied admission to the United States pursuant to Immigration and Nationality Act Section 212(a)(1)(A)(iv) (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=9b60c646835045a30ceca097f0ca1 ba3). I would counsel anyone carefully who has a tattoo to be very honest about what the tattoo means. An applicant should be prepared to answer in- depth questions about something that may have been inconsequential to them. In my opinion, it would not be a bad idea to have the tattoo removed if possible. Of course the fact that a person has a tattoo does not mean that he or she is a substance abuser. It is scary that examiners are making that assumption, but I do not expect this scrutiny to go away. The best practice is to be aware that this questioning is taking place and to be prepared.




    More... (http://www.californiaimmigrationlawyerblog.com/2009/06/it_only_takes_a_tatoo.html)



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  • bekugc
    03-18 04:30 PM
    from what we see on other posts, what matters most is
    1. company is hiring u as a fulltime employee
    2. job desc is same or similar
    3. annual salary is >= one specified in approved labor

    you can get paid by hr, but just extrapolate that hrly value into annual salary, and state that.





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  • pvadduri
    01-25 11:17 AM
    I am one of the unfortunate few who could not cash in on the July/Aug 2007 opportunity to file I-485 due to my Law Firm's mistake. Here are the details of my case:

    - My labor was approved June 28 2007 (EB3, Traditional, Priority date March 2005)
    - I-140/I-485/EAD/AP were all filed concurrently on Aug 7, 2007 (before the Aug 17th deadline)
    - My Lawfirm missed the signature on the check for the I-140 application, resulting in everything being returned
    - By the time the package came back, signatures were corrected and sent back , it was well after Aug 17th.
    - CIS accepted the I-140 application but rejected my I-485/EAD/AP saying that there are no Visa numbers available since it was after Aug 17th.
    - My Lawfirm refiled with covering letter explaining the issue,using the Fedex receipts from the original Aug 7th filing etc..but the CIS has not accepted it.
    - My Employer tried a Congressional inquiry with the CIS explaining my specific case - but that came back with same response: No visa number avialability

    My Lawfirm and Employer are saying - Sorry - nothing else can be done now...
    I am the one suffering because of my Law firm's mistake. Is there anything else that I can do to come out of this distress?. I would very much appreciate any inputs from people who have knowledge of similar scenarios!



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  • ivgclive
    04-20 03:48 PM
    My emp. filed H1 ext in Jan 2011 and got RFE.

    My (existing) H1 extension is expiring on 25th March... which is just less than a week away.
    and my employer may submit RFE documents in First week of May...

    What would be my legal status during this period?

    My H1 extension was filed with regular processing, Is it advice able to upgrade it to premium while or before submitting the RFE docs?

    Please advice.

    Thx....

    You are perfectly OK.

    Until USCIS takes a "decision" which is "approved / denied", you keep the legal status.

    Premium? If $1300 is not a matter for you yes.

    RFE response & Premimum are two different channels now in your case, they will be updated separately.

    Remember the Premium process begins the moment USCIS enters data into the system. Not the day your check is received. But it is worth. You will get a decision (with RFE response on its way) within a month.





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  • snathan
    02-28 11:35 PM
    For tax purposes you are resident of state where you reside. For best opinion you can check with the international students center at your school. It is not illegal to attend classes online if your school allows you the option. Again for best advise contact international center they are supposed to guide you to keep your status legal.

    What about TVU case?



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  • dbevis
    June 5th, 2005, 02:28 PM
    Works great! DOF is good, there is a distinct 3D effect going on especially if take a step back. Very nice!

    Yes, I like the "floating in air" effect.





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  • B+ve
    04-09 08:55 PM
    Hi There,
    My 485 application is pending at TSC on EB3 category, country of chargebility is Inida. Yesterday my PERM labor approved on EB2 category and need to apply 140 to recapture my own EB3 PD.

    My employer will come under NSC. if the PD recaptured, I will be hardly one month away from my priority date to be current, as per the current visa bulletin dates.

    So can you please provide some suggestion to which Service Center will be opt for filing EB2 140 now, in order for getting an optimal process for 140 and eventually 485?
    Or does the service center really matters as it will take a very long time for me to get greened?

    Thanks,
    B+ve.





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  • Laasya05
    12-29 08:40 PM
    about H4 time not counting towards H1.





    sk.aggarwal
    06-02 03:36 PM
    Check with attorney if they have they filled other EB2 petitions in this fashion and got approval? I dont think you can do much if both attorney and HR want to process perm in a certain way





    desitechie
    06-03 06:17 PM
    My current AP expires on 2 Aug 2009. I applied for renewal on 2 May and it was approved on the 20th. But the validity is only till 19 may 2010 and not 2 aug 2010.

    I have lost almost 3 months here. Is it normal or a special case that i need to call USCIS?

    Please advise.

    Thanks



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