Tuesday, June 7, 2011

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  • jlt007us
    10-06 06:09 PM
    Don't worry. You will mostly get RFE but not a rejection.

    My original 140 got denied as per USCIS web site but lawyer didn't get the denial notice even after 60 days. Lawyer followed it up but no response from the USCIS.

    I filed 485/AP/EAD and got approvals for EAD. Lawyer refiled 140 without original labor and is almost certain that they will raise an RFE but not denial.





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  • arnet
    11-16 12:20 AM
    Consult immigration attroney at AOS time. F1 visa holder is not eligible to be included as dependents in AOS (I-485). Since now retrogression problem is there and currently you are planning to file I-140, you will be ok for next few yrs but when you file AOS (I-485) change her back to dependent visa inorder to include her in I-485. even in dependent visa she can study but cant get any scholarship and also she cant work.

    Disclaimer: use it at your risk. I'm not an immigration attroney, so please consult one for your situation, as laws/procedures are changing often.

    Hello Experts,

    I am on H1 and have my labor approved. My spouse is on F1 and we are filing I-140. Would there be a problem?

    Because of Retrogression for India we cannot file for I-485 yet.

    Please advise

    Thanks
    S A





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  • h1bnogc
    08-29 09:12 AM
    Thank you both for sharing your thoughts...

    I have an unexpired H-1B visa stamp in my passport and I have contacted my attorney to upgrade the petition to premium. I plan to re-enter the country with the approved I797 and the unexpired H1B visa associated with the previous employer.

    For some reason, my attorney feels strongly that I need to get visa stamp in my passport from either canada or home country(India), if the petition is approved. Do you see any strong reason why he thinks I need a visa stamp in my passport?

    I have tried to convince him that people do re-enter with the approved I797 with attached I94, as long as they have an unexpired visa of the same class.

    Immigstories:
    Could you please share your experience at POE? many many thanks





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  • sidd_k2002
    03-24 09:00 PM
    Friends any more suggestions regarding my problem here. Plese share ur knowledge.



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  • sertasheep
    08-03 10:01 PM
    If PA members can't make it to the rally, I suggest that members can atleast cheer and meet up with other members who are in transit (eg, provide moral support, refreshments, by meeting at some rest area in MD or DE)

    Thoughts]?





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  • wandmaker
    04-28 08:50 AM
    what if they are both used in the same sentence for the same case like they did for OP ? :)

    My best guess is :D

    pre-adjudicated under review = it is not over yet :)



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  • needhelp!
    02-12 07:24 PM
    Unbelievable!


    At these places, we have run into several IV members who say things like: "OH THANK YOU, I have been wanting to write this letter.... now where do I need to sign???"





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  • needhelp!
    10-19 10:39 PM
    bump



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  • billbuff123
    10-27 10:42 AM
    Thanks for the replies. I already consulted lawyer may be again I need to double check with other lawyers.

    Thanks





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  • logiclife
    08-21 06:07 PM
    Some people have said that employers will never agree to employee hiring their own lawyers if they are already having a company retained lawyer that they are using for all employees.

    While employers who tend to provide free lawyers with the intention of controlling and stalling your immigration process will not agree with the idea of you having your own lawyer there is a possible way out.

    For this, there are 2 solutions:

    1. If you are already with this employer:

    If you are already with the employer and represented by company's lawyer, then you need to change your lawyer. To do that, you need to negotiate this new arrangement at the time when your employer is most vulnerable and most amenable to bend to your terms. If you pick up the phone one fine morning and start arguing with your employer for changing your lawyer, that wont work.

    You need to get your employer for negotiating tough things when you have just signed up for a new project. There is a very brief window of opportunity in consulting business when the individual has most bargaining power and the employer has the least. The time period between the contract (corp to corp or direct contract) getting signed between parties for a project and the time you report to the project physically. This short window of time, for 2-3 days (or maybe a week) is the time, when your employer cannot afford to dissolve the contract and fire your or let you go on your own way. HE WOULD THEREFORE NEGOTIATE with you about changing to a new lawyer who doesnt have conflict of interest. If he doesnt negotiate with you, then he risks losing the project, losing the reputation with client or preferred vendor (the middle party who is more close to client) as well as all future business opportunities. That is a loss no businessman (desi or American) can tolerate. So even his daddy will come on negotiation table and agree to your terms, whether its getting a new conflict-of-interest-free lawyer or getting a raise or getting moving expenses etc. USE THAT OPPORTUNITY.

    2. If you plan on joining an untrustworthy employer in future:

    When joining a new employer, if you have the luxury of joining and picking your employer before you quit your current job, then sure, ask them for all the terms, including your own independent lawyer, otherwise tell them "No deal". If you are a good hire for them, they will agree to terms. But you need to do that BEFORE you even transfer your H1. So that that record is straight from the get-go.



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  • mallickarjunreddy
    05-19 07:29 AM
    I fear a backlash as by now ewr would have made my company to be marked for secondary scrutiny. this is how the story unfolded

    CBP --who is your manager
    XYZ -- Mr ABC who is based in atlanta ..
    CBP. hmmm.. can i have his phone #

    CBP calls Mr ABC .. we r deporting XYZ hs papaers r not in order ..
    no call back # nothing ..

    meanwhile XYZ is asked to sign papers ..
    I know we can refuse but those people r so intimidating and I guess if you dont sign ICE agents come in and tell you that it could take months to send you back
    so poor xyz has no option but to sign and get a stamp on his passport that he is being deported


    Councilor access is a myth and so is trying to call and talk to the CBP officers
    and this is not a small body shop .. it has atleast 500 people working on various projects across US and those people were not on bench


    i can field any questions ...





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  • jthomas
    03-16 06:49 PM
    I have a h1B and a EAD. I was laid off one week back. Will there will be a problem if i take 6 months vacation, get a master degree, Try doing a business. Do i need to immediately find a job. I will be getting unemployment benifits and i think my H1B won't be valid since i lost my job and my next job would be on EAD.

    Any suggestions, I am waiting for an answer from my attorney too.


    Thanks Fittan. I am waiting for an answer from my attorney.



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  • tikka
    06-25 12:41 PM
    http://immigrationvoice.org/forum/showthread.php?t=5470

    We are running a small funding drive as a gesture of support IV for answering each other's questions in times of need.

    If your question is answered by a fellow member, do make a point to contribute some amount. It will help continue this effort.

    We understand everyone is busy with I485 filing and have put everything on hold. But we have not put our efforts on hold in the interest of this communty and this cause. Core is working on this issue despite being busy on their own I485 filing.

    We are also working with our lobbyists on CIR and as soon as there is an action item we will post it on the forum for all to participate.

    At this time, do take out a couple of minutes off your busy schedule with I485 filing and contribute towards Immigrationvoice.

    Thanks





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  • monkeyman
    10-10 02:07 PM
    Once you get your GC, you can do what you want when you want. You can work anywhere. Your consulting company nor any company has the right to hold you on any contract whatsoever, unless ofcourse your client has non competitive contract that prohibits you from joining them.

    For naturalization, it does not matter whatsoever. You can say that you were offered a better position that matched your skill set and experience and hence you ("on your own free will") joined another company. And hey, congrats. Worry not. U R much better off. Love your job, not the company!!! And you can work 2 jobs that are not even related. No one cares -



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  • mdipi
    10-20 07:55 PM
    how did you do that swirly thing?





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  • MatsP
    June 1st, 2006, 09:06 AM
    Telling other people what lenses to buy (or not to buy) is often hard, for several reasons:
    - You probably have a better idea what you want than I do.
    - Before you posted here, you probably have made your mind up somewhat.
    - My personal preference doesn't really match yours.
    - etc, etc.

    That's never stopped me from trying to tell people what to do, tho'! ;-)

    Now, what lens you should buy depends VERY MUCH on what you want it to do. A 70-300 will be an "OK" lens, it's a budget version - but as you say, it's a lot of money to you, and telling you that you'd get a much better lens if you spend 3x or 5x the money will not really solve a problem.

    The things you should consider, however, is if it's going to be good enough for the things you mention:
    - Landscapes - a 70-300 lens is probably too long most of the time - your 18-55 is probably a better landscape lens.
    - Portrait - Yes, certainly. It's a bit too small an aperture to be a GOOD portrait lens - you want something around f2.0-2.8 - but unless you buy a SPECIFIC lens for portraits, you'd probably not going to get there for anything but A LOT of money.
    - Macro . The close-up distance is 5'/1.5m. Depending on the size of insects/flowers and type of photos you want to take, this may be fine or not close enough. However, it's pretty easy to simulate this in the shop, using for instance a coin some such instead of the flower/insect. So if you think that the smallest flower you'd ever want to get a real close-up of is the size of a quarter, lay a quarter on the floor, and try to take a picture of it with the 70-300 lens... Do you get close enough to fill most of the frame, or does it look like a bit lonely with lots of space around it? Can you accept it? Obviously, most insects are slightly smaller than a quarter - except for butterfly's.

    There aren't many other options to replace the 70-300, that are reasonably low cost. I'm sure you could find some sigma or other non-Nikon brand lens that is less expensive and do roughly the same, with approximately the same result and the added risk that it's not quite as good at working together with the Nikon camera - at least if it's a Nikon camera and lens you can complain to ONE place and hopefully getting it fixed, rather than being stuck between two companies that neither will take responsibility for your equipment not working... [Although Sigma is more likely to fix a non-compatibility problem than Nikon, of course].

    I just noticed that Nikon actually has three different lenses of roughly the same range, a 75-300/4.5-5.6, 70-300 4.0-5.6D ED and 70-300 4.0-5.6G - the latter is a lot cheaper and specifically designed for digital SLR (using smaller lens-elements since the sensor is smaller than the original 35mm film). Not sure if there's much optical different between them. ED should be slightly better optically (and you'd hope so for more than double the price!).

    There are a few things that come to mind:
    1. If you are SERIOUS about macro photography, you probably want to get a proper macro lens - they get MUCH closer to the subject. There's a Sigma 50/2.8 that costs about $300 which will be a good starting point. A poor mans version is "macro filters", which is basically a screw on lens that goes on the front of the filter screw of your usual lens. They are not quite as good optically, but at least allows you to get close enough to get the subject. The macro lens would also be good as a portrait lens, if you want to get a bigger aperture for that.

    2. If you really want to do "big" landscapes, you may need some more wide-angle than the 18-55 gives you. That's obviously not NECESSARY, but for some scenery, it's hard to get far enough away from the subject with a longer lens. Unfortunately, there's really no substitute for dollars here, you'll have to pay for it or not get it, so no easy solution. A Sigma 12-24mm is $689, and that's obviously a lot of money... [Yes, you can get screw on wide-angle lenses too, but if the close-up ones are OK, these aren't - making wide-angle lenses is HARD - magnifying glasses aren't too difficult to make!]

    3. You'll almost certainly need a tripod - both for landscapes and macro photography.

    Finally: Whilst it's good to consider the purchase, waiting TOO long will make you miss oppurtunities of using the equipment.

    Best of luck, and please feel free to ask further questions...

    --
    Mats



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  • knowDOL
    08-15 10:55 AM
    Yes only after I-140 approval of both LC's.
    When we do dual filing with PERM...

    Can we transfer the PD of (approved : EB3 + I140 ) to PERM ( EB2 )?





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  • chanduv23
    11-09 08:12 AM
    hopefulgc - I can understand where you are coming from. Billions of people are excited by the fact that President Barack Obama has made history and for some reason - people are under the impression that "He is the guy next door" who can make wonders.
    Remember - a politician is always a politician. Politicians who come to power through mass have a certain charisma and aura around them which blinds us of the fact that they are also just another politician.
    Now - We all know and are definitely excited about Obama and we definitely want to see a change. Change will come, but we have to remember that this is just the beginning. Nothing happens overnight.

    Almost all my personal friends waiting for GC now think they will all get their GC because of Obama. Students think they will get GC stapled to their diplomas and this goes on.

    Things will definitely improve and we all have to work hard. This government will definitely hear our side - and make decisions keeping us in mind.





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  • qualified_trash
    11-07 03:52 PM
    Gcneeded,

    Lots of people seem to be giving advice, gratis, and pretending as if they were lawyers. I would suggest you consult a lawyer and get information about the exact documents that your parents would need. While even I, as a layman, know that the B-1/B-2 visa is not tied to a sponsor, I also know that mere possession of a valid visa is not sufficient grounds for the entry of a foreigner into the US. A lot rests at the discretion of the USCIS Immigration Officer at the port of entry.

    If I were you, I would err on the side of caution. Please consult a lawyer - you can get these questions answered for free by asking the attorney Sonal Mehta Verma, who periodically gives gratis legal advice to IV members. Good luck!

    RR
    actually, they should need no supporting docs on subsequent visits (my parents came the first time with supporting docs). the second time, just the ticket and that was after 9/11 so...........

    GCneeded seems to be inordinately concerned about supporting docs etc......





    a_yaja
    12-17 12:46 PM
    Hi,
    What's the Maximum amount of money the parents of a h1b person can carry from US to India when they are returning after a visit on B1 visa? I heard it should be a dollar less than $10,000 per person. Somebody told me its $10,000 per party. Please answer this.
    So if father & mother both are traveling back from US to India can they carry $9999 each in their hands while traveling through air? It will be $19,998 total for the party in total
    While coming to US I heard you don't have to declare the money/currency you are bringing as long as they don't exceed $10,000. So if they are taking most of that money back along with some extra cash (total < 10k per person) is it safe to avoid any questions/complications with US TSA/ CBP?
    Have anybody got into problems or delays?
    I just want to have the right information handy just in case.
    Please help by sharing the right answer. Thanks in advance

    I think that the total limit is $10K for a family (not person). If I remember correctly, on entering the country, we are asked to fill only one customs form for the entire family - and it clearly states in that form that the total allowed is a max. of $10K per person.

    Having said that, the following are considered to be cash (not fully inclusive):
    1. Traveler's check
    2. Cash
    3. Checks
    4. Money Order
    5. Cashier's check

    The following is not considered as cash:
    1. Credit cards
    2. Debit cards

    So if you would want to send more than 10K out of the country and not want to get into any issues and also be on the safe side, it would be a good idea to pre-load a debit card and then send it with your parents.





    chanduv23
    01-24 10:22 AM
    Tri Staters - please make it to this social event.



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