Wednesday, June 8, 2011

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  • namm80
    10-02 12:20 AM
    Somewhat the same situation happened to me, and my attorney advised this in order to avoid the filing:
    You may call your bank and hold the checks that you sent second time. If INS finds that the check is not 'withdrawable' they will not file your application.

    This is bad advice. Search other forums (Murthy etc) - i've seen similar threads where some smarta$$es tried stop payment and USCIS sent the unpaid application fee to collection agencies.

    I would strongly advise you against doing this--Filing a 2nd I-485 application was a misinformed and stupid decision - consult a lawyer before you make your situation more confusing.





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  • Murthy
    05-07 08:10 PM
    The Beacon (http://blog.uscis.gov/)

    Over the past few weeks, readers have written in with a number of comments. We wanted to take a moment to address five of the most frequent suggestions.

    1) Combine EAD and AP into one document and issue for 3 years.

    USCIS is in the process of developing a combination work authorization (EAD) and Advance Parole (AP) card. An announcement regarding this combination card will be made later this year.

    2) Allow people with approved immigrant petition to file an I-485.

    The regulations at 8 C.F.R. 245.1(a) prohibit a beneficiary of an approved I-140 or I-130 petition from filing an I-485 until a visa number is available.

    3) Do not count the dependents against visa numbers.

    The requirement to count dependents against available visa numbers is statutory. This is not something that USCIS is able to change on its own; it would require new legislation to be enacted by Congress in order for this to happen.

    4) Publish all the backlog data including that of district offices.

    USCIS is currently developing an inventory spreadsheet, similar to the one for employment-based inventory, for family-based cases awaiting visa numbers. This spreadsheet would include information about the number of cases at field offices awaiting visa numbers.

    5) Publish visa numbers that have been used to date in the current year.

    Unfortunately, USCIS is not able to do this, because USCIS is not the only agency that uses visa numbers (the Department of State also uses visa numbers). Accordingly, publishing USCIS�s visa number usage would not be an accurate representation of the numbers used and the numbers remaining. To determine where you stand in the visa number queue, please review the Visa Bulletin.
    Three years is OK for those whose I-485 applications are not yet pre-adjudicated.
    They should implement 10-year EAD plus 10 year Advance Parole to those I-485 applicants who got pre-adjudicated awaiting visa numbers.





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  • scubadude
    May 27th, 2005, 03:05 PM
    Armed with that information you can make the following decisions:
    a. I need to blur that background so I need a wide aperture, better switch to aperture priority and crank it up.

    Roger

    b. humans need catchlights in their eyes so i better use some fill flash (you do have your flash mounted all the time right? lol)

    All I have so far is the mounted flash that came with the camera (Canon Digital Rebel)

    c. hmmm even though she's got a heart of gold and a great smile she gets rather stern looking when i stick this big camera in her face so I have a choice. I can hang out and get a couple of candids when her guard is down, or I can talk to her and get her feeling comfortable about what i'm doing and how she looks.

    Actually, at the time, it wasn't in her face. I was down on the field and used a zoom lens at about a 250-ish focal length

    d. these dang digital slr's are sooooo unforgiving to these poor ladies that i'll bump up my exposure compensation +1/3 to +2/3 to give her a brighter, "cleaner" look.

    I've found that the Canon Digital Rebel tends to go dark, so I'm already shooting at about a +1, but then again, I've only had it for about two weeks now.

    e. ok now remember to get the focus point on those eyes and get the eyes above the centerline.


    I know it sounds like a lot but with practice and taking lots of pictures and participating in places like dphoto you'll be able to do that kind of drill in the blink of an eye. You will only "need" photoshop for refinement and creative ideas and not need to "fix" photos. You've got good gear and a good attitude and the world is filled with subjects so you're on the right track to success. later, kevin

    Thanks a lot for your post! Lots of good info!

    John

    Blood Drive , a form of protest! [Archive] - Immigration Voice

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  • greatguy
    08-24 05:08 PM
    A potential employer has offered me to substitute 2001 EB3 labor. Would DOL accept unapproved labor substitution ? what is the probability of rejection (assuming there is very good match).

    What kind of queries can we expect from the DOL ? what questions should I ask the potential employer ?

    Incidentally, How many applications are there in the backlog processing center by priority year ?



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  • rajuseattle
    04-28 04:03 PM
    gc_check:

    Very good advice to young EB-3 folks.





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  • gsc999
    06-19 02:08 PM
    Dear All,

    I was doing part -time school in a university and before they wanted to admit me,the university procedures included TB test. I showed positive in skin test and negative in X-ray about 4 months ago.
    ---
    Do this: Go to a USCIS certified doctor for a medical exam. Tell them the facts, similar to what you mention in your post. The doctor will suggest the next step. Most probably a certification that you are under proper medication. You need to tell him that you have been tested before and that it was +ve for TB skin test.

    My understanding is that the body's reaction to a second TB test is severe.



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  • jchan
    12-08 12:15 PM
    In thi case you can only get GC if you remain alive while serving the US Army. Remember they want to put you in front of the enemy first before they pu their citizens.

    If you die you will get citizen directly, not a bad deal is it? :D





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  • gparr
    January 21st, 2004, 08:58 AM
    Matt, There were patchy clouds so the shutter speeds were all over the place but never slower than 1/300, which is why the lens was wide open. I was scraping for every ounce of light I could get and I knew the extremes of sunlight on one side of the geese and shadows on the other were going to cause me problems, regardless. I did think about swimming out there and hanging a sheet on the left to reflect, but it was zero degrees and I just wasn't up to it. ;)
    I was going to reshoot this morning, with smaller apertures and a higher ISO to retain shutter speeds but, as things go in Illinois in the winter, yesterday was probably the only sunny day we'll get this week, so no warm morning sun to shine on the geese. It's a popular hangout spot for geese, so I'll try the shot again. I'm not all that excited about the shot itself, but it's an excercise in perfecting the miniscule talent I have.
    Don't worry, I have enough sense to not touch a 1D unless my pockets are bulging with disposable income because I know that, once I do, I won't sleep until I have one!
    Don,
    Thanks for the thoughts. I tend to go right to manual. I'll incorporate Av and Tv modes into my shooting to see if I like them and/or can get comfortable with them. Usually, once I go to that side of the dial, I figure I might as well do all of the work. Agreed on the fully automatic side. I've used it a few times to see what it would do, but I just can't get comfortable with allowing a computer to dictate how my image will look, outside of composition. And I doubt I'll ever rely on the automated side of the dial.
    Gary

    Bring RETROGRESSION into FOCUS - AMAW (A Message A Week) [Archive] - Immigration Voice

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  • natrajs
    12-16 02:07 PM
    Ladies and Gentlemen,

    As a EB2-India hopeful I was Current in Aug/Sept 2008, and had a 99.9% of hope of getting approval. However, they did nothing then though many with a lot lower (later) PD's and RD's were approved.

    Now suddenly, I got several sets of emails with "Card production ordered", "Approval notice sent" and "Wecome as a New permanent resident" messages (some more than one with same message).

    So, may be USCIS is not following any PD dates announced in Visa Bulletins, but this time for good. Ironically, I also got emails on my AP approval, which is dated a day later than GC approval. Sequence of LUDs is - AP received 11/11 with a soft LUD on 12/10, I-485 approval on 12/11, AP approval on 12/12. Got another set of emails today with similar contents as in emails dated 12/11.

    Perhaps a lot is going on to clear old cases. Have hopes, and do something so that your file comes to someone's attention. ....Best to all....

    Congrats and Best Wishes , It happened to my friend also, His PD is March 05 and got the approval on 10/29/08





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  • ndbhatt
    06-06 02:40 PM
    This report has been removed from that site.. :)

    http://www.tradingmarkets.com/.site/news/Stock%20News/2359471/



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  • prem_goel
    08-28 07:43 AM
    Thanks . what is I-824 again? and where do we file it too?

    hey guys can someone respond please? just to elaborate on my case. My wife's been here in US for the last 4 months. I had applied h-1b for her as consular processing. The approval came with stamping notification for chennai consulate (as at the time her H-1b was applied this year in March, her state of residence was in chennai consulate region).

    However in April this year she moved to Mumbai and then to USA. I've heard that you can go to stamping at the consulate region you've been staying for the past 6 months. Since she was at Mumbai for half of the time and then in USA, does it give us liberty to choose Mumbai consulate for stamping instead? Would there be any issues? We are thinking that at the time of interview, if they ask she can let them know she has moved to Mumbai and has her address there now. Would that be okay?

    Thanks IV!





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  • a_yaja
    07-07 09:48 PM
    I have described my situation below. Can someone please tell me if they have ever encountered this and what is the best avenue to take?

    1. My LC was sent back to me on Tues (after 4 years).
    2. It was neither denied nor approved. They said that I did not make at least 95% of prevailing wage rate.
    3. I am currently a little less than that if I can take into account all bonuses etc.
    4. The company's immigration lawyer (outside counsel) is saying that if I think that I will probably meet the wage rate threshhold by the time entire GC process is complete, then it's OK to amend LC and say that, "Yes, I am making that much money".
    5. Else - other option is to challenge the DOLs definition of prevailing wage rate.
    6. Company lawyer/HR (I don't think any of them have any immigration law background) are all confused about it. They are not sure whether I can take bonuses into account. If I don't - then it is less likely that I wil reach prevailing wage rate at next review.
    7. Also - they are uncomfortable saying that I WILL meet PW. I guess they think that I will hold them to it and then just slack off until my review.

    What should I do???

    Depends on a lot of factors.
    1. Under what category are you planning to file for I-140?
    - EB1, EB2 or EB3?
    2. Are you from a retrogressed country like India/ China or are you from Rest of World (ROW)?
    3. How far are you from the 95% difference from your current salary ?

    The reason I ask is this:
    If you are going to apply for EB3 from India or China, there is a very good chance that your GC will take atleast 3 - 4 yrs (but anything could happen) to be approved. Remember, you need to make the salary when your GC is approved - not now. Secondly, if you are from India/ China, you may as well go ahead and say "Yes, will get paid salary mentioned" and after your I-140 is approved, you can always change to a job with higher salary and retain your Priority Date and go through PERM. But remember, PERM requires 100% salary and not 95%.

    If you are from ROW, you can still go ahead and say "Yes, will get paid mentioned salary" and when you file for I-485, you can always switch jobs after 180 days invoking AC21.

    If your salary is close to the 95% stated in the LC, you could still be OK - if you are confident that in a yr or two you will be getting 95% of the stated salary. Also, salary is only base salary and does not include Bonus (because bonus need not be offered by the company during any particular year).

    IMPORTANT NOTE: COMPANY HAS TO AGREE TO GIVE YOU PW WHEN GC IS APPROVED AND NOT RIGHT NOW. IF YOU TELL THEM THIS, MAYBE THEY WILL NOT HESITATE SO MUCH.

    Ofcourse, this is only my opinion and not legal advice.



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  • ajay_hyd
    01-25 08:54 AM
    Is it a bad idea to ask for help from the indian government, there are ministers like "Minister for Overseas Indian Affairs - Vayalar Ravi" who is supposed to look into issues we are having here, even if contacting them doesn't help, it atleast will not hurt us. i think there are few good ministers in there who can understand our problems, they may not help us with $$ but may be able to help us with their lobbying groups.

    i think "Ronen Sen - India's ambassador to USA" is another person who will be sympathetic to our cause.





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  • summitpointe
    09-21 06:37 AM
    Better go to Delhi. You should not have any problems as you're a returning worker.



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  • ras
    08-09 10:48 PM
    I was wondering if we could have on this site some reliable information about the most important aspects of GC processing. People are posting a lot all the time and asking the same things all over again, and while many answers are pertinent, we must realize not everyone knows the laws and rules.Not to mention how much time it takes to search the threads and find what you want to know. If there was a place where they could lookup the information they need and this information would be provided by knowledgeable persons, like admins or moderators, not other members, maybe we could avoid having so many threads and posts.I understand that would involve some effort, but in the end there would not be so much need to go thru all the posts and make sure people are not misleading others or create panic.
    Of course, this is stil a forum and it's only natural to have people expressing themselves, but maybe in that situation they would not have to post so much and use the space on the servers.

    Thank you

    And please dont tie even this post again asking him to contribute. Contribution is a different issue. Atleast there are some other things that doesn't need financial contribution but organizational contribution.





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  • Karthikthiru
    10-11 12:40 PM
    You said Master's is the requirement. But When did you file your labor?


    Karthik



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  • jetflyer
    02-15 03:17 PM
    If each state in India were a country

    There would have been no backlog.
    You are correct then only Andhra Pradesh have been retrogressed. If you remove AP from that equation. everything will be normal.

    I can bet 90 percent of the GC applicants are from India are from AP.

    Jet





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  • glus
    05-13 11:26 AM
    Staying abroad constitutes "abandonment of U.S. residency." It is not related to "immigrant intent" at all. Worked for an Immigration Law office for long.





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  • go_guy123
    03-12 03:33 PM
    Surely we know each other then!! :)

    Compared to US, Software Engg position in India sucks a lot. It makes sense only if you are a manager in India. I know batchmates went to work in Texas Instruments in Bangalore and after a year or 2 later, got frustrated with the insfrastructure etc there.





    pagalForGC
    06-17 12:43 PM
    Thanks Veni001, I had similar question on premium processing for 1-140, which I believe has been stopped by USCIS since last couple of years.
    Also, bnaredla1382 mentioned that he/she has H-1B and is currently working on H1-B, is that a requirement? I do not have H1-B any longer and have been working on EAD since.

    Thanks...

    My PD is nov 2003 and now I am planing to port my EB3 to EB2.
    I need to know the process to do it.
    My previous EB3 is with my old employer.
    My I-140 approved from my old Employer and applied I-485 in july 2007 and
    later in may 2008 I moved to my current company using AC21 and I applied for H1b also.
    now I working 6th year on H1B.
    And Here are the questions, if I file new labor have:
    1). how long will it take to approve?
    and once labor approved, for I-140
    1). Am I eligible for premium process of I-140.





    kittu1991
    07-17 07:18 PM
    We travelled last year from Kochi to SFO with no issue. Yes you have to go secondary room. Based on the number of people ahead of you, your wait can vary. But once its your turn it should take only less than 5 mins.



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