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  • aug2007
    02-24 07:53 AM
    Thank you theshiningsun and chanduv23.

    Chanduv23 - You are right. I'm working for a consulting company and the contract is ending.

    I want to clarify little more.

    1. Will I receive NOID, if my employer revokes I140? Can I avoid it by filing AC21 before my existing employer cancels the I140?

    2. Can I travel out of the country without the job? Will it cause any issue at the Port of Entry, if I use AP to enter US (but currently doesn't have the job in hand)?





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  • vikramy
    06-22 10:14 AM
    From what i know If chest x-ray is clear you are good. I would suggest to find a different surgeon. good to have a second opinion

    Guys,

    I have got a RFE for my medical on 9th June 2009. We got our medical done in July 2007 and filed in July 2007.

    The RFE is mentioning my medical records cannot be found. we are pretty sure we did file it.

    My lawyer says the best way is to get a new medical done and send the new reports. I heard his advise and went to get a new medical exam. The civil surgeon asked me for PPD (TB Test) reports from previous years (1998) as in 2007 (when only the X Rays were done and they were clear), the size of the induration was NOT required but says now we need the size. I am trying to get the reports from the hospital where I got the testing done, but it has been more than 7 days and i am still waiting. The civil surgeon says that if we don't find the records we can do another TB test.

    My PCP says that once the TB test is positive, it is always going to be positive (which is true as i got it done twice - 1997 and 1998) and the 2nd time the induration was more than the first time. If i get it 3rd time, is it going to be more induration? Also, are there chances of reaction due to getting it done the 3rd time? I think my PCP mentioned something like this earlier.

    The civil surgeon says that if the induration is more than 10 mm, i might have to go through treatment :( I was shocked to hear that and did some reading and found out from another member too that the treatment is recommended and NOT required.

    If the TB test results from 1998, don't come in time for me to respond to the RFE, can i not send the copy of my original medical done? I am going to ask the lawyer about it too, but wanted to know some personal experience of the folks who have gone through it.





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  • ak_manu
    09-29 01:36 PM
    We had a bitter experience when we took OUR gold while traveling to india for attending a wedding. Customs officers never listened when we said it was OUR gold and we are taking it to wear for wedding. They demanded 1000$ dollars as bribe even though I said I can offer 400$ for my carrying my OWN gold. After lot of arguing, I was fed up and told that I will leave gold with them and take it with me when we go back. Finally, one officer intervened and he let us go without taking any money as he sensed that issue is going too far and we might end up complaining.

    My suggestion, try to wear as much as gold you can as that is considered ok if it on your body. Take minimal if possible.





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  • wandmaker
    08-26 06:07 PM
    Thank you very much for your prompt reply. Greatly appreciate.
    I paid the money to my company who has applied for my H1B. I am not too sure whom they will address the check to. They only sent me the Fedex tracking no. which tells that the application is received by USCIS, Vermont on April 7th.
    I am fine if it is taking time but my only concern is whether this company has really sent my H1B petition. Is there any way to find it out?

    Regds,
    Vani

    No way, you will have to ask your employer



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  • calaway42
    10-21 12:26 AM
    heh.. i want edwin's comp!!:)





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  • buehler
    06-03 09:57 AM
    The link says all the majors considered as STEM. If you choose Browse by STEM discipline - those are the STEM disciplines..

    Read carefully. It states that those are the occupations that might require a degree from those STEM Disciplines. For e.g. If you see under Life Sciences, it states that Farmers might require a degree in Life Sciences.



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  • saibaba
    03-31 02:21 PM
    Can we file taxes seperately on married status?

    I mean, my CPA did estimates seperately and we found substantial difference...

    Is there any problem in we filing seperately as we r into 485 peding stuff?...
    From an Immigration perspective, what are the ramifications when 'Married and filing Jointly' versus 'Married and filing seperately'.

    First of all, are they related?





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  • sam_hoosier
    06-06 05:29 PM
    Yes, you should be able to use AC21 to change employment (subject to the AC21 restrictions).



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  • prem_goel
    11-25 01:25 PM
    Please make sure you understand and read all the rules before coming to any conclusion. The rule is that only H-1b renewals who had atleast one stamping in their home country are allowed for renewal stamping in Tijuana. I had two previous stamping done at India for my H-1B and this is my renewal, so I am okay.





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  • glus
    02-20 10:36 AM
    Unfortunately her husband is an undocumented alien. He is not in legal status. So the case is not straight forward one.

    The INA (Immigration and naturalization act) allows for one to adjust to GC holder even if
    one is illegaly present in the U.S. as long as one:

    1. Is married to a U.S. citizen;
    2. Is otherwise admissible to the U.S. and;
    3. Has entered to the U.S. via legal means.

    If all of the above are true, the case is relatively simple in nature for as long as the marriage is a legitimate one.



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  • Mohit_Malkani
    10-08 11:13 AM
    Sorry to hear about your situation.

    Take a look at www.immigtation-law.com. Go to the nreaking news swction. They have a great piece on I140/I485 portability.

    I have also pasted it here in case you dont get to the website

    All the best.

    10/08/2007: I-140 Portability After 180 Days of 485 Filing and Service Centers Standard Procedure of Review and Adjudication

    When there is a retrogression of visa numbers and anticipated long delays in 485 adjudication due to the massive July VB fiasco 485 filings, it is anticipated that there will be a substantial number of 485 applicants who may have to change employment along the way, either voluntarily or involuntarily, under AC 21 Section 106(c) provision. Accordingly, whether one reports the change of employment proactively or not, one should learn the internal review and adjudication procedures within the Service Center which are adopted by the adjudicators in adjudicating such I-485 applications.
    The good material to review on this procedure is the USCIS Standard Operating Procedure for the adjudicators. The SOP states that "If the alien is using the portability provisions of AC21 106(c), the adjudicator must determine that both the ported labor certification and the ported I-140 are still valid under the current employer, especially in regards to the continual payment of the prevailing wage, similar occupation classification, and the employer�s ability to pay the prevailing wage."
    (1) Prevailing Wage Payment: The AC 21 106(c) does not specifically require that the new employer pays the prevailing wage or higher wage for portability. However, the adjudicators review the wage as part of their determination of "continuing validity" of the ported certified labor certification application and I-140 petition. When the applicant stays with the same employer without changing employer, payment of wage less than the prevailing wage should not present any serious issue inasmuch as the employer establishes that the employer was financially able to pay the prevailing wage and is continuously able to pay the prevailing wage until the green card is approved. However, when there is a change of employer who pays less than the prevailing wage, there is no clear-cut rule with reference to this issue. Payment of less than prevailing wage thus potentially can raise two issues when there is a change of employer. One is the adjudicator's argument that there is no continuing validity of the labor certification or I-140 petition. The other is the argument that different wage reflects that the labor certification job and the new job with the new employer are two different occupational classifications.
    (2) Similar occupational classification issue: The similarity of the two positions involves not the "jobs" but "occupational classification." Accordingly, the old and new positions do not necessarily have to match exactly in every details, especially specific skill sets. Currently, the USCIS is looking up the Labor Department SOC/OES classifications of occupations. When the two jobs fall under the same occupational classification in the DOL occupational definitions, the two jobs are generally considered "similar" occupational classification. As long as the two jobs belong to a similar occupational classification, the applicant can work for the new employer anywhere in the United States. There is no physically location restrictions.
    (3) Employer's financial ability to pay the wage: Again, AC 21 106(c) does not specifically require that the new employer must prove that the new employer has and will have a financial ability to pay the prevailing wage. However, the adjudicators appear to review the portability case considering the new employer's ability to pay as well as part of review of continuing vality of labor certification and I-140 petition.
    Remember that when there is a portability issue, two things can ensure. If one proactively reports the eligibility of portability meeting all the foregoing requirment, the adjudicators are likely to decide the pending I-485 application on the merit. However, if the 485 applicants do not report proactively change of employment and the USCIS somehow obtains information of the alien's change of employment, for instance, by employer's report of termination of employment or withdrawal of I-140 petition or substitution of alien beneficiary, then 485 applicants are likely to be served a notice of intent to deny I-485 applications or in most cases, the adjudicator transfers the I-485 file to the local district office for interview.
    In AC 21 106(c) portability situation, the adjudicators also review the issue of the continuing validity of labor certification and I-140 petition involving the original employer, and are likely to raise similar issues which are described above. However, when the alien ports with the "approved" I-140 petition with a copy of the last paycheck and W-2, the adjudicators rarely revisit the original employer's foregoing issues in determining the 140 portability issue. The issues are raised when the alien ports before the I-140 petition is approved. Under the Yates Memorandum, when the alien ports before I-140 petition is approved, the alien has a burden of proof that the I-140 petition was approvable. Accordingly, inasmuch as I-140 petition was approvable and the alien ports after 180 days of I-485 filing, even if the original employer withdraws the I-140 petition, the pending I-485 will not be affected. Yates Memorandum indicates that in such a circumstance, the adjudicator should adjudicate the pending I-140 petition and if finds approvable, then recognizes 106(c) portability and continues to adjudicate the pending I-485 application. Without doubt, in the foregoing situation, the adjudicator will intensively and carefully review the issue of continuing validity of labor certification and I-140 petition issues which are specified above, particularly the employer's financial ability to pay the wage, and the applicant will have to overcome tremendous hurdles to deal with the challenges by the USCIS. Accordingly, people should not port before I-140 petition is approved unless they are assured that the original employer will continuously cooperate and support his/her green card process.





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  • philly2004
    08-26 12:55 PM
    Bluez25:
    Congratulations on your successfull interview.

    Can you share what form of marriage certificate you produced.
    I had my interview last week and the Mumbai consulate was not ready to accept the certificate that was given to us by office of registrar.

    They asked for a 'Memorandum of Marriage' which seem to be what married couples get in Maharashtra and Gujarat. I was married in M.P. and never received such a document.

    Marriage invitation, photos etc. were not acceptable to the immigration officer at Mumbai.

    your input will be very helpful.



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  • Image for final fantasy ix



  • Ryall
    09-06 12:12 AM
    yeah I like the updated splash... and about my page... I know it is huge it is in NO way permenent... just something I am toying with, I'll end up only using elements of different pictures on that page for my splash.. plus I didnt compress the images at all - like I said VERY temporary. I'll let you all know when I update my splash along with my new site

    Peace

    PS really cool new footer dan, also Lost - I think yours is great too, simple but VERY grabing effect!!!





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  • senthil1
    07-26 10:04 AM
    I am not sure about changing H4 to F1 as F1 is dual intent visa. I am sure mostly your wife's F1 will be rejected at Consulate as her spouse is staying here but I am not sure about changing status from H4
    to F1 here.
    If you accept that you are taking some risk then it is fine. Sometimes all the 4 options may work against you. Also if your wife comes here within a few months then it may be ok. But if it takes 1 year or more then your company Lawyer is correct. Take advise of second lawyer

    Also I did not hear anything about option 2.That is mainly for those who were out of status for less than 6 months
    Hello everyone,
    I got to know about this website recently and I wish I had known it earlier.


    Anyway, I need advice/conformation


    I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)

    The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)

    After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong

    1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.

    2. If my I-485 gets approved before my wife’s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.

    3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife’s when I become current again. No problem with this other than paying the fees again.

    4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).

    Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!



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  • gc_kaavaali
    05-21 02:37 PM
    Hi,
    I had sent an e-mail to my attorney...below is his reply...looks like i will get my renewed EAD before current EAD expires.


    USCIS typically issues new EADs within 90 days. If they don't, you may make an Infopass appointment to appear in-person at a local office to request that they process an interim EAD. The local office will not issue an EAD. Rather, they will contact the Service Center which will typically issue the EAD within two weeks.





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  • anilsal
    08-21 11:54 AM
    bumping up??

    The attorney gets a copy of the FP notice also. They can forward it to you.

    Would it be too much to ask, now that you are happy that your checks are cashed, to show some appreciation for IV by performing tasks at the state chapter level?

    Since I lead the IL state chapter, do you want to help out now that you are in Chicagoland region?



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  • gimme_GC2006
    08-26 01:46 PM
    Congrats Bro..:D:D





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  • sujitp@gmail.com
    10-05 03:44 PM
    Please delete this post





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  • tikka
    05-31 04:25 PM
    100.00 - Google Order #601837695595056

    thank you...





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    11-30 11:38 AM
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    dbevis
    April 16th, 2004, 06:29 PM
    Hmm, anyone know how to Photoshop some people into a bubble? :)
    Whom did you have in mind? :)

    A little deform tool work to approximate the curvature, then blend that and the original image together. PSP has a "geometric effects" tool called "spherize" that would take care of the first part.



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