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  • nixstor
    08-21 10:19 PM
    somegchuh

    I am seriously considering starting a business as a partner with a Perm Resident. How ever, I have not delved into any details. Guys! Any input?





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  • gcgreen
    07-22 02:31 AM
    Quoting the AC21 memo:
    "Adjudicators SHOULD NOT PRESUME ABSENCE OF SUCH INTENT and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."

    So, per the memorandum, you MAY be in trouble ONLY if the adjudicating officer decides something is fishy. And the officer is to treat the I-140 and supporting docs (based on which your I-140 was already approved) as prima facie evidence of intent. So why are you worried? Has your I-140 been withdrawn by old employer?


    there is a memorandum issued by USCIS on
    12/27/2005. It clearly indicated that I can't be denied due to leaving
    previous employer prior to 180 days.

    http://www.immigration.com/newsletter1/amendac21.pdf

    Question 10. Should service centers or district offices deny
    portability cases on the sole basis that the alien has left his or her
    employment with the I-140 petitioner prior to the I-485 application
    pending for 180 days?
    Answer: No. The basis for adjustment is not actual (current)
    employment but prospective employment. Since there is no requirement
    that the alien have ever been employed by the petitioner while the
    I-140 and/or I-485 was pending, the fact that an alien left the I-140
    petitioner before the I- 485 has been pending 180 days will not
    necessarily render the alien ineligible to port. However, in all cases
    an offer of employment must have been bona fide. This means that, as
    of the time the I-140 was filed and at the time of filing the I-485 if
    not filed concurrently, the I-140 petitioner must have had the intent
    to employ the beneficiary, and the alien must have intended to
    undertake the employment, upon adjustment. Adjudicators should not
    presume absence of such intent and may take the I-140 and supporting
    documents themselves as prima facie evidence of such intent, but in
    appropriate cases additional evidence or investigation may be
    appropriate.

    I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.

    I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.





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  • sam_hoosier
    05-18 01:13 PM
    I want to purchase an house in Washington DC/MD/VA. My office is close to Rockville. Please recommend the best place to buy an house based on the following criteria.

    1> Very good school district
    2> Low property tax
    3> Very low crime rate
    4> Rental value should be same as mortgage amount+insurance+PMI+property tax
    5> Property values should be in 300K range max
    6> Lot of Indians
    9> Maximum distance to DC should not exceed 30 miles
    10> Close to shopping places

    Dont look at VA - commute to MD will be killing.
    DC is expensive.
    Look at Frederick, Gaithersburg, Rockville, Bethesda in MD





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  • Gowtham Nalluri
    06-29 11:53 AM
    All my paperwork is done and my lawyer said she is going to mail the application on monday and should reach USCIS by Tuesday.



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  • gc28262
    12-07 07:29 PM
    I have the same issue.

    Can see the status of I-485s online, but system doesn't even recognize my I-140 LIN#.
    Attorney says that this is fine. Asks to wait for few more months.
    :mad:





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  • DSLStart
    10-02 09:07 AM
    He better shut up and not make fun of Indian accent. George Allen an senior senator from VA had to face defeat last election over his macaca comments.



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  • pmpforgc
    04-26 09:24 PM
    Completely agree with the point that you are trying to make here. Since the time I have been here, each year I have seen my juniors/friends come to U.S. on h1b visa/F1 visa/h4 visa., pretty excited and having a rosy picture of their future, completely unaware of the mess that we are in. This reminds me of the time when I came here few years ago, absolutely unaware of the green card backlog and the filing process. If I knew then what I know now, my life would have been completely different. Each year, thousands of Indians enter US on h1b/F1 visa, each(or atleast most) of them hoping to have a smooth transition to green card, ignorant of the terms " labor" "PD" "Retrogression" etc. when they do realize the meaning of these terms and their impact on our lives, they get a rude shock. It is unfortunate that people with PD of 2002 (in EB 3 india) are still waiting for their GC 8 long years after applying for it!!Imagine the plight of the youngsters entering U.S. now,who will apply for GC under EB 3 say in 2011 or 2012. Would it be a 25 year wait for them and are they ready for it?

    I think when I came I was just worried only about my F-1. Though I later on get H1 and GC.

    I think WE CAME ON NON-IMMIGRANT VISA (F1/H1/J1/L1 etc.) and WE WERE EXACTLY KNOWING OUR RIGHTS AS NON-IMMIGRANT VISA APPLICANT TO THIS COUNTRY.

    I Dont think there are much issues in maintaining our NON-Immigrant visa (except you want to play the system with consultant jobs etc.)

    IF WE CHANGE MIND AFTER COMING HERE(and decide to stay PERMENENTLY, totallly differnt from our ORIGINAL OBJECTIVE OF COMING HERE)that should be OUR problem.

    But while coming here we were exactly knowing we are coming here JUST TO STUDY OR TO WORK. I think if you are arguing against this prior knowldge you are fooling your self.

    IF SOME ONE WANT TO COME HERE TO JUST BECOME PERMANENT RESIDENT HE SHOULD COME ON GC ONLY (not on F1/j1/h1/l1)





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  • meridiani.planum
    07-10 09:22 PM
    inline...

    Hi,

    My friend has this scenario and want expert advise from IV members.

    - On L1 for 3 1/2 years and H1 for 2 years 3 months. About to complete 6
    years in 3 months.
    - Filed Labor (approved. PD Aug 2004 EB3), I140 (applied in May 2007) and
    I485 (July fiasco)
    - I140 still pending

    Question:

    1. Does L1 period is counted for H1 extention?

    -- yes, time in both L1 and H1 counts together towards those 6 years. Its the time in L2/H4 that was decoupled a year or so ago.


    2. Can he do H1 transfer using AC21 without I140 approval?
    As 6 years are going to be expired?

    yes, he will get a one year extension since his LC is atleast one yaer old.

    3. What if the old employer revokes his I140 now? His GC process is invalid?

    yes, the GC process ends right there. If he has transferred his H1 in the meantime and got an extension, the USCIS position so far has been that the extension remains valid, even though the underlying LC/I-140 are gone. The law itself is somewhat unclear, but till now the USCIS has not come back and revoked anyone's H1 extension (that I know of) because the underlying I\-140/LC are gone.

    4. If we leave about GC, Can he do H1 transfer atleast?

    yes he can, but he will need to start another labor ASAP from new employer to get any extension past this one year. He will also lose his old PD and will have a 2008/2009 PD.
    He will also need a copy of his labor certificate to be able to file a transfer+extension.
    At this stage the only thing between him and AC-21 freedom is that I-140 getting approved. So unless you know the I-140 is going to be denied, I would advise him to try his best to stay on with this employer until the I-140 is approved



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  • MatsP
    January 28th, 2008, 02:51 PM
    I also don't have a Nikon D40x, but I don't think any of this discussion is related to the specific camera model, although some of my discussion relies on you being able to change settings on the camera, and my names of things may be off from what Nikon uses - hopefully I can still get you on the right track.

    It's actually a myth that a longer lens requires a higher aperture. For the same framing, you get the same DOF (Depth Of Field) for the same aperture, whether you use a 600mm telephoto lens or a 4.5mm ultra-fisheye. The only difference is that if you want to fill the frame with a sparrow, you can sit at 10 meters or so with a 600mm, and you need to be touching the sparrow with the lens to get it to fill the fram on a 4.5mm lens. Since most of the time, we don't try to get "eye to eye" with wild sparrows and ultira-fish-eyes, nor take pictures of "everything around you" with a 600mm tele (which would put you half a mile away, or so), it appears that the wide-angle has a bigger depth of field. If you don't beleive me, feel free to place a page of newspaper print at an angle (so that you can see how much of it is in focus), and photograph the exact same bit of text from different distances with the same aperture and different focal length.

    So, smaller aperture (bigger number) will allow more depth-of-field, no matter what lens you use. Wide-angle works well for indoors shots, because it's usually close-up - but I have used my 100mm Macro for some of the shots of my son.

    For "active" shots, you may want to aim for f/5.6 - f/8 or so. ISO 400 or higher helps reduce the look of "flash in dark room" scenario.

    For the other trick when taking action shots of kids, the trick is to use the same settings as the sports photographers: relatively short shutter speed (unless you actually want motion blur as part of the image - in the right place, it's good, in most cases not!), and use "following autofocus" (aka AF Servo or Tracking AF) - this is the part where knowing what Nikon calls it could come in handy - so that the AF is continously focusing on the subject, same as if you were trying to follow a basketball-player as he makes his way across the court to the basket. That way, the camera tries to focus (and uses "computer magic" to PREDICT where the focus should be once the shutter is triggered).

    Third, I think Nikon flashes also support "Second curtain flash", which is definitely the better option for "natural looking light" - this allows the camera to capture the natural light first, the flash the flash, rather than the ohter way around. It should, in theory, make no difference, but I find that it gives a more natural look. Twiddling with the balance between flash and natural light will get you there sooner or later (usually, in my case, later - after son or daughter have finished thinking photography is fun!). The adjustments are:
    - smaller aperture (bigger F-number)
    - faster shutter speed
    - lower ISO number.
    gives more flash. Opposite gives more of the natural light.

    --
    Mats

    --
    Mats





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  • merletta
    July 14th, 2006, 12:48 PM
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    ON SALE TWO TICKETS FOR MADONNA'S CONCERT IN ROME
    THE 6tH AUGUST 2006.
    OLYMPIC STADIUM IN ROMA
    SECTOR = CURVA NORD
    PRICE FOR 2 TICKETS = 240 EURO
    I SEND WITH INTERNATIOL POST AFTER THE PAYMANT
    PAYMENT WITH PAYPAL OR BANK TRANSFER
    FOR FURTHERT QUESTION
    merletta@email.it



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  • Coppertop
    10-13 11:54 AM
    5 days left! Someone needs to break the tie!





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  • reddymjm
    08-10 09:53 AM
    As I mentioned in my post, I have applied for H1 in India in April,2007and got approval in August,2007.

    My Approved H1 B petition does not have change of status i.e 1-94.

    I came to USA on L1 in Feb,2008 and working till date. and my I-94 is valid till Feb,2011.

    As I want to shift to H1 B,I think I need to go out of country i.e Canada from USA for H1 B stamping.

    My question is:

    If for some reason, I have not issued H1 visa at Canada consulate,
    Is my L1 is still valid and Can I comeback to USA on my L1 visa and I-94? and Can I continue working on my L1 in USA?

    Please suggest me the better approach.

    My objective is to switch to H1 using my old approved petiiton and not want to go back to India for H1 stamping.

    Regards

    As you entered US on L1 after your H1B approval from India, You need to get that H1B stamped to work on H1B.
    Looks like it is a one year old H1B. You should have a valid and strong answer when the officer asks you why you did not use that then or why do you want that one stamped now.

    Best way is you can ask your H1B holder to apply for another H1B COS as the visa number is already counted against the cap. Hope fully you are not outstide the US for more than 1 year after approval.

    If you go to candian consulate and your H1B gets rejected, it is a tough route. As soon as you go to the consulate they will cancel all the existing visas. You can enter the country with an attorney withing 30 days and your company A should be able to do an L1 again or you are out of status.

    I strongly recommend you to go to your home country for the visa stamping until unless you have a US masters degree.

    Need more PM me.

    Good luck.



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  • kshitijnt
    09-16 04:51 PM
    This is all India specific and specific to EB2. I did not add years2006 and 2007 as my PD is in 2005. But I did do it upto dec 2005.

    1. You can expect the spill over from EB1 in big way
    2. You can expect spillover from EB2 ROW in a big way

    This should help clear backlog atleast upto 2004 cases. However the interfiling from EB3 to EB2 could stop the backlog from being reduced.





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  • zCool
    05-17 07:27 PM
    you are going to have to do some type of litigation.. which court and how are questions for your lawyers.. This forum is probably not right place.. start with attorny.. make sure it's not your attornies who screwed up..
    have proof of documents for all the facts
    and then go file in one of the federal courts..



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  • WaitingYaar
    01-18 09:00 PM
    Is it possible to set up a poll to monitor the rate of I-140 approvals from NSC for eb categories?





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  • amitjoey
    03-26 11:56 AM
    I've just got all the info for setting up conference call and meeting with the lawmakers "info" kit.

    Once I've digested the contents of both, I'll be setting up a call, probably early next week. Here is the IV lawmaker kit http://immigrationvoice.org/index.php?option=com_content&task=view&id=53&Itemid=36


    Any help on this would be appreciated, since I'm feeling a little overwhelmed with info! Volunteers for meeting people with me would also be great

    I'll post to the yahoo group shortly.
    Here're the details on NC_Immigration_Voice:
    Group home page: http://groups.yahoo.com/group/NC_Immigration_Voice
    Group email address: NC_Immigration_Voice@yahoogroups.com

    It is our time to seize the reigns and kick start some momentum

    Thanks Franklin, I got your PM. I am ready to get involved. Please PM me the documents.



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  • looneytunezez
    04-24 01:58 PM
    As per my understanding 10 days is from the time you change your permanent address. Due to lease constraint I also had two apartments at same time. I filled online AR-11 within 10 days after I moved to new apartment.

    Thanks folks

    LT.

    why the red dot btw?





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  • indyanguy
    10-22 11:43 AM
    My Labour was For EB-3 and my I-140 was filled in EB2
    One of my Colleague also had same case but he got query on his
    I-140 and mine got denied

    I have a question
    Now I will have to file new labour and I-140 can
    Will I loose my old priority dates

    How can the labor be filed under EB3 and the 140 under EB2? Is this possible only if Labor mentioned BS + 5 (or MS) as the requirement even though it was filed under EB3?

    Anyone care to throw some light on this?





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  • stirfries
    03-18 09:31 PM
    I'm from the UK and we've now been told I cannot leave the US and join him, until I have my advance parole which could take 3 to 4 months.

    Smerchas...Are you sure about what this? From what I remember, you have to be in the country when you apply for your AP...But there is no necessity that you need to be here when it is approved !

    Technically, you can ask your attorney or the person who is living at the address where the AP document would be sent by the USCIS, and request them to forward the approved AP to your then current address...That way, you don't have to stay in the country while USCIS processes your application...

    Ofcourse, the flip side is, if your AP is denied for any reason, you would have to go to the US consulate in wherever country you are and request the special admission letter...

    Thanks,





    siravi
    11-15 04:46 PM
    yes he is Math teacher.
    What is process of getting H1B. Is they are applicable for H1B or they need diff VISA. then what is the process of getting that. or if they are applicable for H1b then it is the same process as for S/W Prof.

    sdudeja: I sent you PM, Please look it

    Is any other thing which we need to take care about.
    Thanks

    I am a teacher at an NGO. I am not sure if I understood your question, but hope this helps,,,
    First, you have to comply with the state procedures for teacher certification and eligibility. You need the work/H1B visa; the procedure is same as that for all other jobs. The school/orgaization should be ready/willing to sponsor one for a work visa.

    sdudeja, nice to meet another teacher on the forum!





    neoneo
    07-17 12:26 AM
    My 140 was filed last week and I don't have the receipt number. Can I file 485 without I140 receipt number?

    Ask yourself.. how do people file concurrently ?! .. the only problem will be if your I-485 comes for review before I-140 is cleared. Then you'll get a notice for denial since I-140 is not approved. But what are the chances of that happening in todays scenario unless you have a very old PD>


    check it out with ur attorney.



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