Friday, June 10, 2011

8 moon phases in order

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  • marty
    01-09 11:40 AM
    Come on fellas, I need your input.





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  • webm
    05-06 09:14 AM
    First of all there is no "substitution labor" anymore..USICS may not accept it according to a new rule set in last yr June..





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  • bijualex29
    07-19 10:36 AM
    I do not think that it applies to new EAD, it only for renewing the EDA card





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  • GetGC08
    05-11 09:14 AM
    You were out of status in those 5 months. It does not matter at LC and I-140 stages only at I-485. However upto 180 days of out of status is forgiven when you file your 485, so you should be ok. THis is IN CASE you get an RFE for this. There is a good chance USCIS might even overlook this. Also if you left the US and returned any time after tha tou tof status, your slate is wiped clean (they are only supposed to check your status since your last entry into the US). So either way you should be ok... dont worry about it.

    Hi,

    Thanks a lot for your reply. I really appreciate it.

    Well as you said if I went to India after those 5 months(when I was on bench) than that period of 5 months when I was on bench will be wiped out(it will be gone,clean). It means that USCIS will check my status after my last entry in to US!!
    OR they may check everything when ever I was in US including when I was on bench(including my first entry into US to till date i.e. From Feb 2005 - Till date)????

    I went to India in Nov 2006 & came back, so in that case my old records would be clean. B'cos I was on bench for 5 months in 2005.

    Correct me if I am wrong on this.

    Also as you said this will come in case of I-485 & USCIS might overlook this & may send RFE!! Any idea how to respond that kind of RFE??

    I will really appreciate your response.

    Thanks.



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  • Refugee_New
    08-02 12:47 PM
    I'm surprised u got a 2 yr extn despite the fact that ur case is current. When did u file and which date was it approved?

    i e-filed my ead on the last week of june. sent documents during the first week of july. July 17th, went for FP. Got the approval two days back





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  • Hong12
    02-06 01:58 PM
    Thank you very much for your help. I really appreciate it. I actually tried to fill out the Forms DS 156 and DS 157 and got totally lost. The following is my background. I worked at the company A in US as an Electrical Engineer until May, 08 (the end of my 6 year H1). Then, I went back to Malaysia and worked on my family business as a store manager and business owner, selling electrical appliances. My PERM is currently pending over one year now. Accordingly, I got an approval for 1 year and 2 months on my H1. I will now come back to work at company A in US, starting March 5, 09 (the same US company that I worked until May, 08).
    I have questions that I am unsure about the Forms DS 156 and DS 157 as the followings:

    Form DS 156
    - Question 28 (who will pay for your trip): does the trip need to be paid by the US Employer? Can I pay it myself? My concern is I am not sure if I have to pay it myself because of my H1 Status. Pls advise.
    - Question 20 (Name and Address of Present Employer or School): I think this should be my current company. In this case, please advise if this should be Company A that I will be start working in March or my family business in Malaysia.
    - Question 21 (Present Occupation): should this be Electrical Engineer or Store Manager (Business Owner) for my family business? I actually worked as an Electrical Engineer for over 8 years. I only worked on my family business as a Store manager (Business Owner) for one year. Please advise which one I should put.
    - Question 25 (Name and Telephone Numbers of Person in US Who You Will Be Staying With or Visiting for Tourism or Business): I will go back to work at Company A in US, and my brother lives in the same area that I will be working. So, I�ll be staying at my brother�s place. In this case, should this Item be the company A�s address or my brother�s address? Otherwise, should I put �None�?
    - Question 29 (Have you ever been in US?):
    For How long?: would this be (6 year � 2 months) since I spent 2 month vacation outside US during this past 6 year H1?
    Enter Additional Visits to US here: I made 3 trips to Malaysia and 2 trips to Canada during this past 6 years of my H1B. I also made one trip to Canada during my F1 visa. In this case, I�m not sure if this should be the date I returned back to US from my trips to Malaysia and Canada. Should I mention only the trips during my 6 year H1 or mention all the trips, including the period of my F1 Visa?

    DS 157
    - Question 12 (Not Including Current Employer, List Your Last Two Employers): I worked at company B in US till Jan, 07 and then moved to Company A in US until May, 08 (the end of my 6 year H1). Then, I came back to work on my family business till now. I will go back to work at Company A again in March, 09. I am not sure if my present company is my family business in Malaysia. My future company is Company A that I will start working in March, 09. My two previous companies are Company A that I worked from Jan, 07 to May, 08 and also Company B that I worked before Jan, 07. In this case, should I put Company A (Jan, 07 to May, 08) and Company B (before Jan, 07) as the last two companies? Please advise.

    Another issue is that I worked on my family business as a Store Manager (Business Owner) for almost one year. This is not engineering work. Would this cause me any problems for my visa application because I will go back to work with company A as an electrical engineer? Note that I still get work from company A from time to time, but I just did not get pay during this time that I stay in Malaysia. Please advise.

    Please help�. I am totally confused and need to use these two forms for the visa interview. Thank you very much.



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  • raysaikat
    12-19 08:16 PM
    Thank you for replying.

    I believe when I was young I entered with family visit visa, then I re-entered the country using a re entry visa. I assume both has expired for awhile now, although my I 94 doesn't state an expiration date, it stats "ans or status" Could you explain what that means?

    You are probably reading the notation wrong - it is probably "and/or status".

    In US immigration, there is a notion of "status" which basically means you do/live in US the way you promised the immigration officer at the time of entry. If you were entered as an F-1 student, then you remain a student in good standing; if you were entered as H1-B, you remain gainfully employed in the position (or a similar one) for which the H1-B was issued, etc.

    The second notion is "unlawful presence", which basically means you are staying in US beyond the time the immigration officer allowed you to -- i.e., the date on I-94.

    So it is possible to be out-of-status, but not unlawfully present (i.e., someone who entered on H1-B VISA stopped working even though his/her I-94 was valid for 6 more months).

    If you remain in US "unlawfully" (i.e., after the date written on your I-94) for more than 6 months but less than 1 year, you get a 3 year ban on reentering US. If you stay in US unlawfully for more than 1 year, then you get a 10 year ban on reentering.

    In your case, your I-94 seems to say the stay was valid until a date "X" and/or until you were in status. I am assuming that there is a date on I-94 even though you did not specify one. I am not familiar with that notation, so I am guessing. If the guess is correct, then that would mean that you started accruing "unlawful presence" from the date you became out-of-status and you were "old enough". As far as I remember, the "old enough" is 18 years old, but I could be wrong and it could be 21 years old.

    To determine when you became out of status, you need to know what was the required status at the last entry. If your sole status was parolee (i.e., you used advanced parole based on your submitted I-485), then you became out-of-status whenever the I-485 was rejected. As far as I know, the appeals process allows you to live in US, but if the appeal fails, as it was your case, the date when the status became invalid does not advance.

    So if you have no other VISA status as a dependent, then you are out-of-status. Assuming the I-94 expired long back, and that USCIS starts counting unlawful presence from your 18th birthday, then you have accrued unlawful days equal to your age in days minus 6574 days (counting leap-years ;) ).

    You can apply for a college, and the college may give you I-20, based on which you can get an F-1 VISA. However, you would have to go to your "home country" to get the F-1 VISA stamp on your passport (and they may ban you depending on the number of days you were unlawfully present). Basically, the only way I know of for you to get a legal immigration status is to go out of the country and get back with a legal visa (and of course, risk being banned, or denied VISA for any other reason).

    Your case is complex enough that you must seek advice from an immigration attorney before making any decision.





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  • quizzer
    01-08 06:18 PM
    One of my colleague did withdraw his PF in an exactly same situation (not in TCS though), and you can definitely file 10C and 19 directly with the PF office without involving your employer. PF administration is now much more efficient and strictly works on behalf of employees, not employers. Even if any PF amount is not deposited by the company, PF has started taking immidiate actions against them.

    Thank you richi.

    Iam also thinking on the same lines.

    Also looking forward to any TCS PF withdrawal experiences.

    Thanks



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  • ksach
    04-04 08:15 PM
    Oh... the H1b worker who maintains the site got frustrated that his gc is going nowhere and went back to his home country.

    DOS tried to update the system reflecting a big jump in the visa dates for May. The system was unused to any changes lately - leave aside such large forward movements - and as a result it crashed.

    DOS managed to recover the system by replacing all date fields with character fields. The rumor is that the value for all those character fields is now "C", whatever that means.





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  • sbmallik
    06-06 08:12 PM
    By now perhaps the orginal poster is travelling to India. He can return to US on an unexpired H-1 visa with new H-1B documents. But it is difficult to get a H-4 stamp unless the new H-1 petition is approved.



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  • krishnam70
    08-02 07:26 AM
    Tell me what I am doing wrong here:
    1) https://egov.uscis.gov/cris/jsps/login.jsp
    Clicked the link - Forgot Your User ID or Password ?
    2) https://egov.uscis.gov/cris/lostCredentials.do?lostCredentials=true
    Entered my userid and email address and Clicked Submit.
    3) https://egov.uscis.gov/cris/authenticateUser.do
    Here it asked me to enter "Your Question on File is:" and "Your Answer on File is:"
    I do not remember this.

    If you do not remember the secret question or answer then you have no choice, its probably much easier to use a new id + new email address. Next time, shoot yourself an email with the userid/password/secret question + answer for your record just in case you forget.

    -cheers





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  • dingudi
    03-05 01:45 PM
    I found this link and it is mentioned that there are two type of appointment. I got the second type.

    http://www.immigrationlinks.com/news/news418.htm


    I was wondering if the ASC asks to reschedule instead of doing a walk-in again , as my search tells me that Boston ASC most likely will ask to reschedule. Can we just go to another nearest ASC (Rhode Island) or Manchester, NH which allows walk-in after the finger heals instead of waiting for the rescheduled appointment notice to be received from the original ASC. My wife has made plans to go visit her parents in next 2 weeks and we did not anticipate that such a thing would happen.



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  • desi3933
    07-05 03:30 PM
    There is a clause saying that you need to be in status for last 180 days since your last entry to US. And since u are in good status for past 180 days u r good. Consult a lawyer on this as well, but I think u may eb fine

    Incorrect.

    This is for I-485 filing only and it is
    out of status days should be < 180 days since the last entry into USA


    ___________________
    Not a legal advice.





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  • linuxra
    07-14 08:05 AM
    What do u mean by Company A taking my GC i did nt get u u mean AC 21 or filing a new labor etc...



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  • perm2gc
    12-22 02:33 PM
    Well...If the judge happens to get enough jurors at the time he/she might not issue an arrest warrant ....If the judge issues the arrest warrant and the local police cannot find you, the warrant just sits there....There is a national database for outstanding warrants...When someone gets caught doing something else, they look up for the outstanding warrants..Then I guess they would hand you over to the police where there is an outstanding warrant for you. Otherwise the warrant just sits there..You would need to explain to the judge that you are not eligible for jury duty and explain the situation and the judge might expunge the record.....You would spend some hard earned money doing that...

    The whole thing might degenerate into 'My Cousin Vinny'.

    You should always forward your mail...Don't get caught doing something stupid either...That is a good advice for always.....
    I don't think that the immigration people look into the outstanding warrants...
    How will judge determine that we actually received the post.It can be lost on the way or something else can happen.Or do we have to sign the notice when the postman gets it.





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  • raviram1980
    01-15 12:19 PM
    Thanks again for your quick reply. My AP was approved on 21st nov and I left for India on 26th Nov. Any idea if this can be considered enough time ?



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  • softcrowd
    03-12 08:58 PM
    This year, BusinessWeek published the PT MBA rankings. But in my view, there is no real market value for PT MBA Rankings. Employers/Recruiters don't really care for PT MBA rankings & they in fact still go with the same FT MBA ranking perception...

    BTW, here is one excellent article that tries to consolidate the US MBA Rankings given by various media agencies into one list...

    http://www.dealmaven.com/community/blogs/student/archive/2007/08/15/mba-admissions-101-mba-rankings.aspx





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  • YesGC_NoGC
    02-18 01:25 PM
    No 2nd FP

    PD - Sept 2002 - EB3-I





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  • sandy_anand
    10-21 05:08 PM
    sorry folks ... new member here...
    my profile should have some info now....

    Welcome waitingimmigrant!





    gcformeornot
    09-25 03:41 PM
    Hello,

    I had taken advantage of concurrent filing. I have I-140 approved and I-485 pending for more than 180 days. I already have my EAD.

    Rumours are that my company is in the process of layoffs. Can anyone enlighten me on my options?

    1. Can the employer revoke my I-140? YES
    2. If so, will I loose my PD and have to restart my GC process? Once 140 approved you would not loose PD. Also since its more than 180 days, you are protected under AC21 provisions.
    3. Do I have to invoke AC21 immediately? IMHO YES
    4. What options do I have to keep my current file alive?
    5. Any situation I need to be aware at this point?You should look for new job asap. Also get a EVL from new employer. USCIS is known to act on 140 revokation

    Appreciate your response!..





    jonty_11
    07-17 06:25 PM
    thisis actual USCIS RELEASE

    now its official from USCIS

    http://www.uscis.gov/files/pressrele...ate17Jul07.pdf



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