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nogc_noproblem

03-16 12:37 PM

Well said, if we always worry about the exceptions, then there won�t be any peace in life.

I am not sure why folks make such a big deal about this. Just because one or two people had a nasty experience with an officer does not mean traveling on a valid AP document is a significant risk. For that matter if you try to reenter on H1b you could have problems. I have reentered the US on about 10-12 occasions over the years. On J1, On H1, On AP. Funny enough my worst experience was on H1b (that too just a mean officer demanding my petition documents..........not sure what he meant to this day) anyway.
So the moral of the story is that travel out of the USA always involves a small element of risk, but that should not deter one from living their life.
As for the people who move on and work for another employer using A21, here too you are within the law, and if you are worried about it you can keep a copy of AC21 or a letter from your lawyer and your current employer along with your paystubs and your approved labor/140/filed 485 with you. Of course, you never present all that to the officer unless asked. And be polite and courteous, remember it is a privilege to enter this country, once we are citizens it will become our right.
Interestingly, one time when I mentioned that I reside in Michigan, the officer corrected me to say I was staying there and could use reside once my 485 was approved. To me it was semantics, but hey..........
Life is too short for stressing over things like this. You were granted AP for a reason.............to travel, unless something untoward happens with your 485 during this time(unlikely) not much is likely to go wrong at entry.
Happy travels folks, quit worrying so much and live your lives.

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03-14 08:57 AM

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Ian#39;s Chevrolet Silverado 1500

3ZS

May 12th, 2006, 07:39 PM

Thqnks for the reply...whats interesting is today I called 2 different camera places by me and pretended I was interested in the same kit I have and BOTH told me that the 70s camera body supports the sigma lens' I have - In fact they were putting together a package that included the very seme lens'

Im new to digital SLR's ...but I would think based on this info I have a bad camera body


Of course Nikon can't help support third party lenses. They have a specification (that isn't available to others) that specify how the interface between the camera and the lens should work - but the can't change that specification (or change what the camera does) in order to support other manufacturers lenses. If they really wanted other manufacturers to make lenses to work on Nikon, they would perhaps publish (or license) the specification. But I don't think Nikon is particularly interested in doing so.

Sigma, however, has made it their business to reverse engineer the interface between the camera and the lens, without the access to the specification. They therefore are responsible (even if they plead not so) for any malfunction between the two. However, one of the problems with reverse engineering is that you can only see what's being used at any particular time - the spec may well have some variations that aren't used in a particular setup, but allows for future expansion. This is where Sigma will have a problem when Nikon brings out a new/different camera model.

The firmware for the lens should be possible to upgrade, assuming it's a case of just not understanding some command or such.

--
Mats

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vivid_bharti

06-19 04:42 PM

You made a good point...US media highlights issues based on what it likes and presents it to the people the way they want it to be. US hates 'Ahmedinejad' so they are highighting the opponents..as if the opponent would have been any different for the US..US Media standards reached a new low with their double-standards in covering the Iranian election protests. Looks like US media wants to manipulate their citizens with one-sided information and only those news that media DECIDES are in the interest of the people.

...why all the hypocrisy, what for??

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fromnaija

01-04 09:05 AM

I dont know if this is possible but how about applying for EB3 using premium processing and once it is approved u have ur prority date set to Apr 2004 and then apply for EB2 I140 and ask for the April 2004 priority date.

I am not sure if u can do this, looking forward from others to see if this is possible.


It is possible as mnkaushik suggested. And your employers don't have to revoke the EB3 140 in order to file the EB2 140. You will need to file EB3 first and after it is approved, file EB2 and port the EB3 PD to the new application.

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#39;75 Chevy Stepside 25#39;#39; lift

ksrk

09-01 03:16 PM

Got the email this morning...

EB2I
PD : 10/04
RD : 07/02/07

Beat the 10 year deadline by couple of months :)

Priderock, congratulations on your obtaining the coveted GC. Can you please update your profile to reflect India as your country of chargeability? Also, additional details in your profile will be very helpful.

Good luck and congrats again!

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pkak

04-27 04:00 PM

I have still 7 months left over on my 6 year term and they have asked for 3 year extension based on the approved I-140.I'm talking to my company right now and will talk to the lawyer once they receive the denial reason which they should get in 2 -3 days.But my company is ready to appeal.Keeping all this in view if they file for an appeal for what ever reason and based on my visa expirt date which is on 31'Mar 2009 how long will I get to stay and work legally to hear the answer for the appeal??

H1B extension can be aplied only 180 days before expiry of current H1B

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Dan Englins 94 Chevy Stepside

koti

10-29 10:30 AM

Few facts that you need to get clear.

1) EB2 / EB3 is not based solely on your education/ experience. It depends on job requirements. If you have MS + 10 Yrs exp but the job is say Level 2 Data Analyst (SQL Developer) then it will not qualify for EB2.

2) You can file GC with same employer if he has a opening that requires MS qualification. You need to have qualification before labor is filed it does not matter if you get it while you were employed. This position should be different from your existing job.

If your employer has a job opening for which he cannot hire a citizen / GC holder then you guys can talk to immigration attorney to see if they can file a new labor for you.



**************

Thanks for the info. Really helpful.

Koti

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Libra

08-31 12:03 PM

All midwest members please go to this thread and cast your vote

http://immigrationvoice.org/forum/showthread.php?t=12599

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eastindia

11-16 02:05 PM

Good one! We see a lot of speculation here on open forums...there are much more realistic updates available on the donor forums...I just wish people don't waste time on speculations and mis-information floating around. Good luck to all of us!

I agree.

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visa_reval

04-26 11:33 AM

Just realized I did the same mistake too. The field is not "starred" and so is not a required field. I've already sent in the supporting documents. I am thinking of sending a separate letter a la sparky_jones.

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ASR

07-08 03:25 PM

Get your wife to use EAD (and hold off on H1 transfer) and wait for your GC card. Many congratulations to you and have a great future ahead..

New company lawer is not accepting EAD, even though we don't have written approval confiramtion

How to conivince him to use EAD unti we got the phisical card?

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sammas

07-14 12:36 PM

Please look at the text below

If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, and you paid the I-485 application fee required, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date. If you file Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of an I-485.

If you are filing for an extension of your Employment Authorization and your Form I-485, Application for Permanent Residence, was filed before July 30, 2007, then you must pay the $340 filing fee.

Based on the above text, you are supposed to pay $340. Chances are that your EAD application might be rejected due to no filing fee.

Coming to your questions, below are the answers
1. Probably not
2. If you have the application number like SRC or LIN etc., you may be able to do this. Before doing it, please take the advice of your attorney.
3. If no application number was generated, this might be a good idea.

Hope this helps.

Note : I am not an attorney, please make sure to take legal advice.

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n4nature

02-05 11:59 AM

Hello,

I graduated with a MS degree and I had 4 years of experience (on H1B) as a Test Engineer. I changed the job to a Software Engineer after 4 years. I am now applying for my labor certification for EB2 category. Do I have to apply as MS + 4 years of experience as a Test Engineer position only? (Since my past experience is as a Test Engineer?) OR Can I apply MS + 0 years of experience as a Software Engineer?

Or is there any other combination, that would help approve labor in EB2?

I am aware about the "MS degree requirement" in the position requirements for the case to qualify in the EB2 category and the employer is willing to do that.

Thanks in advance for all your insights.

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gcwait2007

09-14 08:09 PM

My company sponsored my EB-3 with PD of Feb 2007 and the I-140 was approved in Feb 2009. Based on the pending I-140, I filed my I-485 (AOS) application in July 2007. My I-485 case is still pending.

In the meantime, my company had been kind enough to agree to re-sponsor me for EB-2 PERM which was filed in Sept 2008 and the related I-140 was approved in July 2009.

Both my pending I-1485 and recently approved EB-2 I-140 share the same A number, while the earlier approved I-140 EB-3 has a different A number.

I wrote a letter to USCIS requesting them to link my recently approved EB-2 I-140 to the pending I-485, in the place of EB-3 I-140 and also port the earlier PD.

Since there is no response for more than 2 months, I called USCIS call center today. The call center person advised me that I cannot make such a porting request unless the Visa Bulletin is current for that PD of EB-2. I was shocked to hear such message. Please advise whether the call center person is correct in her interpretation. Thanks in advance.

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Vijh1

04-30 08:50 AM

Indian employer sent experience letter only after I officially resigned. That experience letter shows as an employee including our stay here in H4. We can't change the letter. This is happened to many of my friend's spouses. No question asked. If this is not the case no one will get the H1B approval.

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ras

09-18 09:58 PM

Current Green Card Ajudication duration = {(PD Date) � (Current Date) + [security/Background Check (IBIS etc.)] + Name check + (1 OR 2 OR 3 FP�s) + (RFE�s AND RFE response times) + [nterview (if called for an interview)] + [Country AND Category(EB) specific Retrogression] + [(time behind applications which had older PD�s but later RD�s filed during Jun/Jul bulletin Fiasco)] + [USCIS errors (includes, sending FP�s to old address AND/OR other errors)]}

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drirshad

11-14 03:01 AM

You need exp letter before filing 140 or 485 so don't worry anymore, checkout the following website get your salary you deserve a lot more than he owes ......

http://www.dhs.gov/xabout/structure/editorial_0482.shtm

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Iamthejuggler

02-09 04:09 AM

Holy crap that was close. Congrats folks. I'm pleased as punch!

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Devils_Advocate

08-20 03:58 PM

You must have gotten a Deportation form, where one of the category ( 5 year ban) must have been checked, that means you cant enter for 5 years.

Did you file that income as a tax return??

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adibhatla

04-01 06:04 PM

In your denial letter you must have gotten explanation as to why this is a straight denial instead of RFE.

The letter clearly states "Form I-485 states you must submit initial evidence with your application. Initial evidence includes: criminal history, birth certificate, copy of passport, photos, biometrics, police clearances, medical examination, Form G-325A Biographic Information Sheets, Affidavit of Support/Employment Letter, evidence of eligibility and derivative status eligilibity.

In my case the I485 was denied on the grounds of missing G325A biographic information sheets, but in reality I had applied it with the 485 forms.

And as you can see from their explanation there is no way except to raise an MTR before the commissioner.

I strongly suspect that there is no way we can track on the above forms/documentation. The USCIS is playing dirty games of minting money from us. If you see the other forms such as EAD, AP, I485, I140 all have a SRC no. associated to them, these additional documentation can be shredded in their offices and there is not a way to prove our point that we indeed applied them together with the I485.

The only option is to go with the MTR and hope for the best.

By the way my MTR was approved approximately 6 weeks after I applied the MTR but haven't still gotten the approval notice. Waiting on it.

I will you good luck.



Gurus,

my and my wife received a denial letter from USCIS regarding our I-485 applications. My I-140 was approved on November 08'.

the weird thing is that I did not get an RFE of any kind... so, we decided to submit an MTR because:
1. the grounds for denial are wrong: no RFE on Medical and my case falls under visa gate - USCIS publication of July 23, 2007 states that USCIS will submitt an RFE on this matter.
2. denial over birth certificate??? anyway, it was submitted originally and USCIS just lost it in the process anyway no RFE on that either.
3. taken literally from the letter of denial "EVIDENCE OF EVIDENCE OF ELIGIBILITY MAINTANCE " I believe that is my I-94 -which we had submitted and the visa bulletin on june 2007 giving me the green light for I-140 and I-485.

so, we submitted an MTR based on this documents and I got the receipt date as March 17.
any thoughts and comments will be apreciated.

thanks,

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