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  • snathan
    02-07 08:50 PM
    Mr Desi - Here is my take on this. Most 485 questions will come up at the time of applying Visa stamp. The consulates dont like the fact that you filed 485.

    However, since you have done it legally (like everyone else), my take is that, canadian consulates are more likely to NOT make an issue out of it, unlike Indian consulates. However as always an element of risk is there. Indian consulates are very high risk when you have filed 485.

    In case of port of entry, I recently entered US on H1 visa despite having 485 and AP. My wife used her AP at the same time of entry together with me. The officer asked me, "why dont you also use your AP?" I said, I have AP, but I want to use H1 visa if possible. And he said, ok, no problem, its your wish.

    So again, depends on the officer you bump into. Both me an my wife had no issue at POE.
    However, Mumbai consulate issued her 221(g) for some inexplicable reason.

    I would like to know what is the risk if someone filed I-485...is it because he has two labor and I-140 or generic. I couldnt understand your point...?




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  • IntezarGCKA
    02-17 11:32 AM
    I am a new member of this org. I read about Immigration Voice on MSNBC and joined in.

    This is the first organization that I have ever heard in my entire carrier who has taken up work upto this extent.

    I am happy to be a part of this.




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  • Aah_GC
    05-05 04:59 PM
    Wow that's a relief. I know you might have already done so just confirm the date until when the I-94 is issued and make a copy just in case.

    Good suggestion :). Will definitely act on that ASAP!




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  • saurav_4096
    03-28 10:56 AM
    Thanks everyone for reply, I feel much better now.

    I had posted query to my attorney and looks like they sat on this and never replied.

    Regards

    Saurav



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  • priderock
    05-31 03:43 PM
    14. S.1397 : A bill to increase the allocation of visas for certain highly skilled workers and to reduce fraud and abuse in certain visa programs for aliens working temporarily in the United States.
    Sponsor: Sen Lieberman, Joseph I. [CT] (introduced 5/15/2007) Cosponsors :
    Sen Cantwell, Maria [WA] - 5/15/2007
    Sen Hagel, Chuck [NE] - 5/15/2007
    Sen Voinovich, George V. [OH] - 5/15/2007

    Committees: Senate Judiciary
    Latest Major Action: 5/15/2007 Referred to Senate committee.
    Status: Read twice and referred to the Committee on the Judiciary.


    Excerpts of text:

    (a) In General- Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)) is amended by adding at the end the following:

    `(F) Aliens who have earned a master's or higher degree from an accredited university in the United States.

    `(G) Aliens who--

    `(i) have earned an advanced degree in science, technology, engineering, or mathematics; and

    `(ii) have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).

    `(H) Aliens who--

    `(i) are described in subparagraph (A) or (B) of section 203(b)(1); or

    `(ii) have received a national interest waiver under section 203(b)(2)(B).

    `(I) The immediate relatives of an alien who is admitted as an employment-based immigrant under section 203(b).'.

    (b) Adjustment of Status for Employment-Based Immigrants-

    (1) IN GENERAL- Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended by adding at the end the following:

    `(n) Adjustment of Status to Employment-Based Immigrant-

    `(1) ELIGIBILITY- An alien, and any eligible dependents of such alien, may file an application for adjustment of status with the Secretary of Homeland Security, whether or not an employment-based immigrant visa is immediately available at the time the application is filed, if--

    `(A) a petition filed under subparagraph (E) or (F) of section 204(a)(1) on behalf of the alien has been approved; or

    `(B) in the discretion of the Secretary, the adjudication of such petition is pending.

    `(2) VISA AVAILABILITY- An application filed under paragraph (1) may not be approved until the appropriate employment-based immigrant visa becomes available under section 203(b).

    `(3) FEES- If an employment-based immigrant visa is not available on the date on which an application is filed under paragraph (1), a supplemental fee of $500 shall be paid on behalf of the beneficiary of such application. Such fee may not be charged with respect to any dependent accompanying or following to join such beneficiary.

    `(o) Extension of Employment Authorization and Advanced Parole Document- The Secretary of Homeland Security--

    `(1) shall issue a 3-year employment authorization and 3-year advanced parole document to any beneficiary of an application for adjustment of status if a petition has been filed or is pending under subparagraph (E) or (F) of section 204(a)(1); and

    `(2) may adjust fees assessed under this section in accordance to the 3-year period of validity assigned to the employment authorization or advanced parole documents issued under subparagraph (1).'.

    (2) USE OF FEES- Section 286 of such Act (8 U.S.C. 1356) is amended--

    (A) in subsection (m), by striking `provisions of law, all adjudication fees' and inserting `provision of law, all adjudication fees and the fees collected under section 245(n)(3)'; and

    (B) in subsection (n)--

    (i) by striking `All deposits' and inserting the following: `(1) Except as provided in paragraph (2), all deposits'; and

    (ii) by adding at the end the following:

    `(2) All deposits in the Immigration Examinations Fee Account that were originally collected under section 245(n)(3) shall be used to clear security background check delays.'.

    (c) Applicability- The amendments made by subsections (a) and (b) shall apply to any visa application--

    (1) pending on the date of the enactment of this Act; or

    (2) filed on or after such date.




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  • pradeepd
    01-23 12:39 AM
    Thanks for your response. I'm leaning more towards Canada as I can avoid travel with my baby to India.
    Do you think they might reject the case for any reasons?
    How long do I have to stay in Canada if in case it's approved?

    Thanks
    Sudha



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  • amitjoey
    07-20 02:04 PM
    If we register our marriage in the US, say, today, wouldn't that conflict with the marriage affidavits we submitted for H4 etc? Those bear the wedding's original date.

    That is a good question, do not know what you would have to do in that situation.




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  • eb3retro
    02-20 05:53 PM
    There are 2 kinds of people in the world -

    one who think that others (other people or government) is responsible for their current state and others are the ones who are willing to introspect, make appropriate changes and then succeed. Even a dumb (read "") can figure where they belong to.

    An itchy dog needs to get himself rubbed against all possible objects so as to keep that itch in control. These websites are such places where these people go to satisfy their itch. Even the owners of these itchy dogs desert them (read "their god-father politicians") when they start doing this. Do you think, people like us, who are busy with their daily interesting work, family have time to look at them?

    Look, the option is with us which is NOT to look at these stupid websites. None is forcing you to see these websites. So no point in complaining about them. First amendment rights for stupid is like a cigar in the hand of drunk monkey in california jungles (and we keep searching where these wild fires come from?).. so better neglect them and focus on our goal.

    We are surely going to reach our goal, no matter what these stupid people say... if you think hard then you will realize then the life's goal is much beyond simply getting EB GC...

    lovely comment ..well said.



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  • chanduv23
    11-07 04:55 PM
    Pehaps all that your lawyer cares for is your fees. The answer to your question is 'No' you cannot use your experience gained with your current employers, ofcourse if the petitioner is your current employer.
    This is the 'A' of ABCD of Labor application if your employers doen't understand it than......

    But his signature says labor is approved. I remember giving my lawyer an updated resume with current employment when she filed 140 for me. Maybe thats OK in 140 petition????




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  • dreamworld
    11-09 02:58 PM
    If No I-94 attached with the approval notice then you need to get the stamping when you tavel outside the country.



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  • chanduv23
    02-27 06:45 AM
    I have received my GC on January 28th. My company filled the following with USCIS:

    I140 was filled on Nov. 21 2007 and Approved on Jan 24th 2008
    I485 was filled on Nov. 21 2007 and Approved on Jan 20th 2008

    Now... some people say to me to wait 180 days to quit my current job (which is paying me half of what I should be earning as a GC holder), some people say it is okay to leave at anytime....

    So, I don't know what to do, I pretend to become a citzen in 5 years also, and not sure if this will count bad towards that.

    I have some reasons to leave: sallary is low (they will not negociate more), wife is pregnant and I am getting a mortgage.

    Please advice.

    Interesting question. People generally leave their sponsering employer when they invoke ac21 before they get a GC, which looks fine and when they get the GC they stick to their new employer atleast for 6 months to show that the GC intent was for continuing employment.

    It will be interesting to know if you can jump to another employer even after getting GC (something like AC21) showing intent to continuing employment.

    This whole 180 day thing seems absolute ie 180 days after applying 485 and 180 days after getting GC.

    I have no answer but lets see if someone can answer this. You may also want to post it on the "Free Immigration Advice Conf Call" we have one on March 1st, 2008 and get an answer from the Attorney.

    On another note, is it just not possible to wait for few more onths before u make your giant leap?




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  • gcformeornot
    10-06 08:40 PM
    Hi,

    I have approved H1 through consulate processing for the year 2009 and I am currently working on L1 visa which is going to expire on nov 2009.
    My company is not going to extend my visa.Is there any speedy process where I can do COS with my approved H1 and how much will it cost to me?

    Another thing I want to ask that Is it advisable for going back India for stamping as I heard that US consulate people are rejecting H1 B visa

    Please advise

    Thanks...

    when you got H1 did you receive new I-94? If yes, then you should have been working with the employer who did your H1 and not L1 employer. If not you should be able to COS to H1 without issues.



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  • greyhair
    07-01 07:43 AM
    Recently I started looking other options in India, Britain, Canada and Australia.

    Here is what I found just in last 1 week.


    Britain puts new cap on non-European high skilled immigration
    United Kingdom, Immigration, Coalition Government Announces Temporary Migration Cap - Newland Chase - 30/06/2010, Government & Public Sector, Labour and Employment, Immigration (http://www.mondaq.com/article.asp?articleid=104198)
    Non-EU immigration to the UK: the statistics visualised | UK news | guardian.co.uk (http://www.guardian.co.uk/news/datablog/2010/jun/26/non-eu-immigration-uk-statistics#zoomed-picture)

    The federal government is seeking a limit on the total number of applications for Canada immigration to 20,000 annually
    Canada to welcome high skilled and wealthy immigrants | Canada Updates (http://www.canadaupdates.com/content/canada-welcome-high-skilled-and-wealthy-immigrants)

    Australia announced new visa ruler to target Indians
    New visa rules not targeting Indians: Oz envoy - World News - IBNLive (http://ibnlive.in.com/news/new-visa-rules-not-targeting-indians-oz-envoy/125603-2.html)

    This may be the result of global economic slowdown. But China and India are allowing more immigration. Now high skill immigration is a new measure of future economic growth.




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  • gc_chahiye
    07-13 01:12 AM
    I want to select more than one option :)

    in hindsight, should have added that, and also a none-of-the-above. But hey its late and I am sleepy :)



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  • mallu
    12-16 03:53 PM
    USCIS refuses to give this data to anybody. They are not willing to give any break up.
    The sky will fall down if they do that




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  • smudunuri
    08-07 03:16 PM
    The Story Thus far:

    Though I am not an immi guru ( I never knew what was LUD till I started checking this site), but check this site for regular updates, so wanted to share news with others who eagerly waiting for approvals in Aug.

    I -485 RD: 08/11/07 LUD: 08/03/09 AD: 08/03/09 - Self
    I-485 RD: 08/11/07 LUD: 08/03/09 AD: 08/03/09 - spouse

    Aug 3: Card Production Ordered email received
    Aug 6: Approval Notice Sent email received
    Aug 7: Approval Notice Sent received in mail



    AP RD: 08/09/07 LUD: 01/02/08 AD: 01/02/08 - Self
    AP RD: 08/09/07 LUD: 01/03/08 AD: 01/04/08 - spouse

    PD: 03/13/03
    I-140 2 (EB2) AD: 05/06/09
    EB2 - India / MI / NSC



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  • kaisersose
    01-22 04:37 PM
    The salary can be lesser than the previous salary and still be compliant with AC21. But the difference should not be too much and it is better to not get into such a situation.

    But there is the clause of "intent to work for the sponsoring employer". This overrides the AC21 laws and it is not clear what the repercussions can be if the employer wants to play nasty. Here is the part reproduced from the 2005 memeorandum. For this reason, try and part from yoru current employer amicably.

    ===

    ...as with any portability case, USCIS will focus on whether the I-140 petition represented the truly
    intended employment at the time of the filing of both the I-140 and the I-485. This means that, as
    of the time of the filing of the I-140 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.

    ===




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  • gc_check
    04-29 11:49 AM
    I attached notarized copy of birth certificate, but not to passport as we are also sending the original.




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  • jonty_11
    07-31 03:50 PM
    Last week, I submitted my documents to my lawyer but until now I haven't received any confirmation from my employer yet if my application has been filed already. We are not allowed to contact our lawyer directly so I'm just relying on my employer about this. I'm quite concerned coz there's no way for me to find out if they have filed it or not.
    Is there a way? Please help me please. Thank you
    This is a subjective ques....depends on ur relations with ur employer...
    Try cajoling them..if its pop-shop consulting firm , he wont budge...

    Try asking other employees...if their's was filed and if they got an yhconfirmation?




    IntezarGCKA
    02-17 11:32 AM
    I am a new member of this org. I read about Immigration Voice on MSNBC and joined in.

    This is the first organization that I have ever heard in my entire carrier who has taken up work upto this extent.

    I am happy to be a part of this.




    MatsP
    March 15th, 2006, 04:04 AM
    Nik gives some good advice.

    If you still want to continue shooting during the darker part of the show (and don't want to "fix" they eyes of every animal shot), you'll have to find a better way to light things - this means not using a direct strobe from the camera to the animal (or cowboy), as this is what causes the red/white eyes - light reflecting straight back from the eye to the camera.

    The simple way to solve this is to get an off-camera hotshoe for the flash, and place it at 30-45 degree angle away from where you're shooting in relaton to the subject. To get the best results, you'll probably want to have TWO flashes, both at an angle from the subject.

    You still won't get "all" great shots, but they will be noticably better than the current setup.

    The next step further would be to use proper studio strobes (two or three). Of course, you can no longer just walk into the arena with your camera at this point, but you probably need permission to put up some 6-8 foot tall stands with the strobe on it, and find some power sockets to connect the strobe power unit to, etc, etc... This is similar to how I understand that Kevin Sadler does his job - and horse-shows and that sort of thing is his business... He may well be around to give more advice at some point.

    --
    Mats



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