Monday, June 13, 2011

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  • rbalaji5
    02-09 04:07 PM
    Thanks Life2live,
    Could you shed some more light to extend without going out of country. I dont want to go through the same process which I did for H1B extension (thru I-129) due to the recent amendment.

    I live in California now.





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  • pjalan
    04-02 01:13 AM
    My employer refuses to give my copy of approve LC.

    I had MS + 1.5 yrs of exp.

    So not sure if they had exp in the job description as I dont see any job that requires MS + 1 yr of exp.

    I am willing to take the risk.





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  • gene77
    08-15 08:28 PM
    Hi, I recently filed my I-485 using my pre-approved Eb3 I-140 (PD:May 2004). Around a month back, I applied a new EB2 I140 and that got approved today so I have ported my PDs to this new EB2 I-140. Now, I am planning to file an amendment to replace the EB3 I-140 with EB2 I-140 attached with my I-485. Some people call this process as interfiling too. Can somebody please let me know if he/she has done it before and how long does it take to get affected?

    I plan to do this but I am waiting for my EB2 I-140 to be approved. Please see below, I have attached some info I got from Mathew Oh's website. Did you say you applied for your I-140 only 1 month ago and it got approved already? I applied for my EB2 I-140 in Nov and still don't have any approvals.

    //NSC Procedure of Transfer of Pending I-1485 From Current Approved Underlying I-140 Petition to New I-140 Petition
    � This posting involves aliens who are waiting for the I-485 applications where the underlying I-140 petition was approved but due to retrogression, I-485 cannot be approved. Most of these cases are EB-3 cases. When the same alien obtains an EB-2 labor certification approval through the same employer or a different employer and the visa number is available for the EB-2 for him or her, he should be eligible for filing another I-485 application based on the visa number available EB-2 I-140 petition. This can be achieved either by concurrent I-140/I-485 filing or if the new EB-2 I-140 has already been approved, by filing of stand-alone I-485 application.
    � However, in the foregoing situation, the Pearson Memo of 2000 allows the alien to transfer the pending I-485 application from the existing underlying approved I-140 petition to a new EB-2 I-140 petition such that the alien does not have to file another I-485 application to use the second I-140 petition. For this to happen, two conditions must be met: (1) The existing underlying I-140 petition (most likely EB-3) must have been approved before the I-485 transfer is requested. (2) Secondly, the visa number must be "current" for the new I-140 petition (most likely EB-2) before the I-485 transfer is requested. Inasmuch as the visa number is current, the pending I-485 application that suffer from the visa number retrogression can be transferred to the nex I-140 petition.
    � According to the Nebraska Service Center, people should take the following procedure to request such transfer of pending I-485 application from one I-140 petition to another I-140 petition:
    o Request for Transfer of Pending I-485 Application to a Newly Filed I-140 Petition That Has Visa Number Current: In this situation, he/she is filing a new I-140 petition (probably EB-2 with visa number "current") with the agency to transfer the pending I-485 application and attach it to the new I-140 petition. The NSC states that if he/she files such new I-140 petition, he/she should use "large, bold print in the cover letter or with a separate, brightly colored cover page and notation 'Inter-file I-140 with Pending I-485' and include the Receipt/File Number of Pending I-485 Application, both on the Envelope and Cover Letter.
    o Request for Transfer of Pending I-485 Application to Already Approved New I-140 (most likely EB-2 category): NSC asks to print the attached over sheet on brightly colored paper, and submitting it with a cover letter providing the following Information:
     Name of 485 applicant
     Name of I-140 petitioner (employer)
     I-485 Receipt Number
     "A" Number of the 485 applicant
     Prior I-140 petition (1) Receipt Number, (2) Filing Date, and (3) Approval Date
     New I-140 to be inter-filed
     Statement requesting new I-140 be inter-filed with the pending I-485 application
    //





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  • Leo07
    05-14 01:18 PM
    ^^^^^^^^^^^



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  • sparky_jones
    04-01 04:10 PM
    I also got an sudden status update on Jan 7, 2008 that a notice was returned undeliverable on Nov 5, 2007. There was not status update before that. I took an InfoPass appoitnment. The agent at the appointment told me that everything looked fine on my case and she couldn't tell why my online status indicated that something was returned.

    I would say...don't bother about it...but if you really want to be sure, take an InfoPass appoinment and check it out.





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  • h1bemployee
    06-23 06:29 PM
    On what basis will you apply for a H-1 transfer, your present H-1 request has been denied. Even If you apply for a MTR you have pending status, based on which you cannot request for a further extension/change of status. You can apply for a new H-1 consular processing petition, leave the country, once approved, apply for a visa from the consulate and come back on the new H-1.

    As my H1 transfer got denied.... I can apply for a new H1 transfer.... right?

    I am assuming this from the information I got form this forum. I am really confused..



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  • pappu
    05-23 08:27 AM
    This question was asked yesterday and I answerd it on another thread. There are several such questions for which USCIS will have to issue a regulation to interpret the law when it passes.

    Please do not start new threads for every comment these days. Its tough to manage threads and it gets confusing. lets stick to CIR discussion and action alert threads these days for any comment and discussions we may want to do on CIR.
    Thanks





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  • aadimanav
    11-02 12:31 AM
    Thanks SatyaRaj and Paskal.



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  • mermaid2084
    11-21 02:52 PM
    While I was travelling from India to USA, I was waiting at one of the airports in USA for my connection. An airlines staff asked for my passport and by mistake pulled away my
    I-94 from from it. May be I was mistaken with the other passengers that
    might be travelling out side US. The officer looked at my boarding pass for the next flight
    (which was for the flight going to a city in USA), however, he didnt realized and by mistake he took away I-94 from
    my passport (he was doing that for other passengers too so I thought it was part of the process).

    I didnt knew that it needs to be preserved till I leave the USA. I know that in case of lost/stolen I-94 I need to file I-102. However, I doubt that in my case it might have reached the USCIS.

    Please help me. I am very much worried.





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  • eb2_immigrant
    06-15 04:17 PM
    USCIS Proc Times Update 06/15/09
    NSC I-485 Sept 1st 2007
    TSC I-485 Aug 17th 2007

    So the dates are moving ahead but what does this really imply ? With priority dates retrogessed to around 2000 and no visa numbers availble for EB3. Who is getting the GC. Is it only the Eb2 with PD around 2000 or any one else.

    Does anyone has more info to better understand what these dates imply ?



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  • gc_aspirant_prasad
    06-22 04:38 PM
    If you have AAA membership, try them, they do it for free for 1 set typically.
    You may have to go in the hours stipulated by them.





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  • mmanurker
    08-11 11:57 AM
    Done..

    EB3-I, PD: Dec2003



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  • wrsquared
    October 23rd, 2003, 11:11 PM
    I like 'em both. Like Steve, I think the dandelion is surreal and "way cool". But I do have a question with the ruins photo. I'd like to kinda turn this members' critique back on you, if you don't mind. Maybe I can learn something...hopefully this isn't out of line in this forum....if so, my apologies to all.

    Initially, I really like the photo, and as I stare at it longer I see more and more reason to like it. At first the greenery seems part of the ruins, but as my eyes hold on it for a moment, the green soon pops out into a more 3D presentation. The colors, the composition, the uniqueness....all is very appealing...and I don't know why.

    But.....here is the question....what "makes" this shot? Let me clarify...I am an engineer and my left lobe tends to see in the B&W and straight lines of life. The artsy stuff doesn't come easily for me. When I see something that is right, I know it. It's just difficult for me to arrange something to be right or to see the perfect image inside a lot of clutter. I'm convinced that I would have gone right past this one if you hadn't pointed it out to me with this posting.

    Bottom line.....this photo....what I'd like you to do is to critique your own work. Tell us (me, in particular) what makes this such a good shot? What elements bring this frame together? What do you particularly like about this shot? What would you change or do differently? Help me to "see" why I like this photo. What "makes" this shot?

    Other Dphoto pro's.....same questions. WHAT are the elements work so well here? WHY is this a good shot?





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  • graviyera
    07-24 04:40 PM
    .....is marriage. If one is planning to get married soon, it is better to get married and jointly file for spouse after he/she is here.



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  • bearstory
    02-25 07:08 PM
    Hello,
    I came here as F1 visa but I'm out of stutus now. Here is some background:
    I came here in september 2006 as F1 visa. I took 2 english quaters at the university then tranfer to another school in april 2007 ( Let calls them MSU). MSU gave me I 20 and it expried on March 2010. But due to financial problem, I did not register class at MSU after april 2007 so I was out of status. After that, I started register class at MSU in september 2008 and stoped in april 2009. I did not register any class after april 2009. I talked to my advicesor and she said, since I have been in school on and off so no matter that i went back to school some, I still out of stutus.

    I have been my boyfriend for almost 3 years now and we want to get married ( He is an US citizen). I really dont know if i will get trouble because of my stutus or where to start? like what files do we have to fill, etc....
    Any advice would be appreciate! Thank you so much for your time!





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  • raysaikat
    05-30 10:40 PM
    Thanks a lot for the information.
    I am just concerned about the fact that I do not have a job and have been unemployed for more than the 90 day OPT period. I'm not sure what my status is,given such a scenario.
    Thanks!

    You are allowed a maximum of 90 days of unemployment during the 12 month OPT period. After that, you are accumulating out of status days. I do not know what is the penalty for out of status days --- typically more than 180 days of out of status days are bad.

    http://edocket.access.gpo.gov/2008/E8-7427.htm
    2. Periods of Unemployment During OPT
    DHS regulations currently define the period of an F-1 student's
    status as the time the student is pursuing a full course of study at an
    SEVP-certified school or engaging in authorized post-completion OPT. 8
    CFR 214.2(f)(5). They do not specify how much time the student may be
    unemployed, making it difficult to determine when an unemployed student
    on post-completion OPT violates the requirements for remaining in F-1
    status. As status during OPT is based on the premise that the F-1
    student is working, there must be a limit on unemployment, just as the
    F-1 student's period in school is based on the premise that he is
    actually pursuing a full-time course of study, and there are limits on
    how often the student can reduce his course load. An F-1 student who
    drops out of school or does not pursue a full-time course of study
    loses status; an F-1 student with OPT who is unemployed for a
    significant period should similarly put his status in jeopardy.
    Therefore, this rule specifies an aggregate maximum allowed period of
    unemployment of 90 days for students on 12-month OPT. This maximum
    period increases by 30 days for F-1 students who have an approved 17-
    month OPT period. In addition to clarifying the student's status, this
    measure allows time for job searches or a break when switching
    employers.

    http://www.ice.gov/sevis/updates_postcompletion_opt.htm#_Toc174419546
    4.9. Unemployment time

    The time spent without a qualifying job during post-completion OPT. Except as noted in the section on what counts as time unemployed, each day that the student is not employed in a qualifying job, is counted toward the limit on unemployment time. The limit is 90 days for students on post-completion OPT including those with a cap gap extension, except that students with a STEM OPT extension are given an additional 30 days of unemployment time for a maximum of 120 days.



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  • sunny1000
    12-14 12:15 AM
    Hi,
    If married in India & want to take divorce in USA what is the procedure & will it be a valid divorce?

    Sorry to hear that your marriage did not work out. If there is a way to work it out, please do via marriage counseling.

    If not, give us some more details about your present situation to give you a qualified answer. I am attempting with what I have.

    I assume that you both are Indian citizens.

    If you and your spouse consent to the divorce mutually, you can obtain it here in the U.S (in your state of residence) as per the state law since divorce in the U.S is a state subject OR get it in India by mutual consent (it takes 6 months to obtain a divorce by mutual consent).

    If your divorce is going to be contested and you both live here in the U.S, then, you can file here provided you believe that your spouse will not take refuge under the Indian laws by going back at any point during the start of the process (once you serve her/him with the Notice of action and she/he responds to it in the Court here in the U.S, that court has the jurisdiction usually).

    If your divorce is going to be contested by your spouse AND if he/she is moving to India OR if already living in India, you are better off filing there. But, believe me, in this scenario, there is no good answer as you are in the lose/lose situation. Here is why:
    1. It is very difficult to get a divorce in India, if contested (especially if contested by women) and it takes a very long time (average is 3 years in the Family court and it takes another 5-8 years to go thru the appeals process in the High court and the Supreme Court, if one of you choose to do so).
    2. He/she can counter your divorce by filing what is called "Restitution of conjugal rights" (yes, India is one of those countries which still has this section) which entitles him/her temporary maintenance until the cases (both Restitution and Divorce) are settled, if he/she is not working (it runs in the average of Rs.35000 to Rs.40000 a month for you, if you are a working spouse from the U.S). Based on the final judgement, you will be responsible for a final settlement which may include property, monthly/one time alimony, child support etc.
    3. You will have to appear for every hearing in person which is every 15 days to a month (exception is Karnataka where you can give power of Attorney to a relative. Even in that case, you will have to fly in every 6 months).
    4. If her/his lawyer is a scumbag, he/she can harrass you by threatening to file false charges against you.

    Please note, getting a divorce ex parte in U.S is very difficult and is also not valid in India. Your spouse can contest that in the Indian Supreme Court and you will be issued with a subpoena/summon. Failure to appear will lead to an arrest warrant.

    Do a lot of research if your divorce is going to be contested in India and PLEASE consult a VERY qualified attorney in divorce law who can also handle international laws about divorce. This gets even more complicated if you have children. If any lawyer tells you that it will be over in 2-3 hearings, don't believe that unless it is a divorce by mutual consent.

    From my personal experience, please try the best to get an out-of-court settlement (by hanging the pride and ego outside the door) as it saves a lot of time,money and agony for you and your family. Contested divorce is one of the most painful experiences in one's life and it does leave a permanent scar.

    Good luck.





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  • Imigrait
    01-26 11:06 AM
    Great AP dates have finally moved :) . Hopefully should get mine by Feb end.





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  • manand24
    10-15 01:55 PM
    I had LUDs on 10/05/2007, 10/07/2007, 10/09/2007 on my I-485 application after my FP appointment. I do not know what it means though.





    vikramy
    11-19 07:00 PM
    Today there was LUD on my 140 application which was approved 1 year back. What does this mean? I received my EAD and AP is approved.

    Sorry to ask this question on this thread, but i think i don't have ability to create new thread?

    Can some one help please?

    My PD is Feb 2006 and I am EB3 India





    shivaniraina
    07-26 08:13 AM
    As you are exempt from the cap, you can start working as soon as you get new petition approval.

    Also, I do not think stamping should make a difference in your suitation as HIB visa count is against the petition and not stamping. However, I would highly recommend that you speak to a lawyer.



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