Wednesday, June 15, 2011

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  • browncow
    05-21 01:18 AM
    H1 doesn't get invalidated on a 485 rejection, even if it was approved beyond 6 year based on the pending 485. You just may not be eligible for another extension.

    well, USCIS issues EADs based on filed appeals/MTRs, so H1B is not the only solution.




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  • rsharma
    07-24 06:58 PM
    rsharma:

    For many of the applications filed during the 2007 "visa-gate" visas are not available to allow USCIS to approve the applications. However, USCIS is in the process of doing what they can to get these applications ready to be approved once a visa becomes available.

    So the idea is that for many of these applications USCIS has already decided that they are approvable but for the fact that a visa is not available, and once a visa becomes available, they will approve them. Hence the idea that they are "pre-adjudicated".

    Thank you attorney Sauer and all other IV members for replying to my question.
    I am little confused at the reply I received from USCIS. They are saying that my application cannot be adjudicated till visa numbers are available.
    Do they mean they will not pre adjudicate my case till visa number is available ?
    or
    Do they mean that pre adjudication is done, but the visa number assignment process (adjudication) will be done once visa number is avalable?

    The processing dates are passed my received date and notice date in the processing center where my application is processed.

    Please let me know your thoughts.




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  • agupta_13
    04-22 07:32 PM
    I am employeed in IT consultancy, and wants to change my employement as a permenent employee of the client.
    When i told this to my employeer he is telling me that he can file a lawsuite against my Client(New Employeer) on the bases of Small Business Administantion laws, stated below

    Although the contract does not specifically state that the client cannot hire the contractor (you) on a permanent job, it also does not state that the client can. Current Employeer comes under the category of the 'Small Business Administration' under the State and the Federal Governments. Both governments fully support the growth and looks after the interests of small businesses in the country. They have always done it and are even more supportive lately as a result of the struggle small businesses are undergoing in these bad economic times. I have been advised by the company attorney that I contracted you to the client purely on professional and ethical grounds for the benefit of Current Employeer business. If a giant company like Client just takes you away to their advantage, it may not be looked upon favorably by a small business court.

    Below is what is in the contract between my Employeer and Client.

    1. This agreement is for the sole purposes of providing the services of the Contractor�s employee XXX to (Client).
    2. Contractor will be an independent contractor of Company and will work on a Client assignment.
    3. Company will pay $XX.00 per hour to Contractor for all the hours of work and expenses approved by Client.
    4. All time and expenses should be entered into client�s system and should be approved by the concerned manager or project manager.
    5 Company will not pay contractor for any time and expenses not authorized and not approved by Client.
    6. Contractor shall be solely responsible for the quality of work performed.
    7. Payment terms shall be XX days net and will be made on a bi-weekly basis.
    8. The start date and the length of assignment will be determined by Client, and Company shall let the Contractor know in writing before the date on which the consultant starts working for the Client.
    9. Contractor reserves the right to offer consultant�s services to other clients until such time the Company and the Contractor executes this agreement as well as a project work order.
    10. This is the only agreement between the Contractor and the Company. Changes can be made in writing only and have to be signed by both parties to be effective.
    11. This agreement is subject to the laws of the State of Texas.
    12. Either party can terminate this contract by giving 2 week�s written notice, via email or physical mail. The notifying party must obtain proof of delivery of such notification to the other party.

    Can any one tell if there is any possibility of that




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  • DDLMODES
    07-09 10:01 PM
    Dude, please read completely. He said there was no update on USCIS case status check online but he got approval notice. Isnt that strange?

    Dude, is not strange for USCIS. I know a guy who has the approval for 6 months and the case is still in process online.



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  • kumar1
    01-12 12:17 PM
    Don't do it. It is illegal.




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  • like_watching_paint_dry
    08-23 11:04 AM
    All that has changed lately. Quite a few people have gotten off easy some years ago but NSC and even other service centers has been enforcing EB2 requirements without mercy these days. A lot of those 3 year degree types are getting I-140 denials, especially those who got greedy and applied in EB2. I've even read about a few cases of denials in EB3 for these people. So dont worry too much about those kinds of people eating our lunch going forward. They will most likely be looking for good deals on their return tickets.



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  • pappu
    07-29 11:45 AM
    My son is an U.S citizen (4 years old) and my Attorney successfully filed a petion on behalf of me and mywife.

    But that petion is based on EB2 :p
    I did not understand your answer.
    How come your 4 year old son apply in EB2 category and sponsor the parents. I know the application is for future employment. But this one is stretching too far? :)




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  • mrdelhiite
    08-08 07:59 AM
    Yes, its good to file I-134 especially when she is on H4. Paystubs and tax returns are not required documents though a lot of people tend to submit them. Just an employment letter from your employer would suffice. You dont need to include your I-20 with your wife's application....However, do include her medicals, though its not part of the initial evidence......


    Thank you.

    -M:)



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  • obelix
    03-02 11:28 AM
    Hi All,

    I just wanted to get a second opinion on my situation. I would really appreciate if you can share your thought.

    I work for a typical consulting company but luckily has been working for the same client for 3yrs with a vendor in the middle. I've got paid all the time without any issue. My visa (H1B) is due to expire in Sept 2010. I have valid visa till that time.

    I was just evaluating if I would be better off filing my extension in April (1st week) as I can do 6month ahead of the start date or should I wait. Another point to note is - I'm getting married in June so I need to visit India for about a month and coming back in July. So, I can start processing after that too.

    My personal preference is to file for extension in April with Premium Processing and hopefully I get new valid I-797. Go for stamping while I'm India for another 3yrs and also have my wife get H4 visa. I think this would be an ideal situation for me.

    Does anybody see any issue in the plan? What would you do if you are under similar situation?

    I would really appreciate if you can share your insight or similar experience. I would be happy to share more information if needed.

    Thanks,




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  • MatsP
    June 6th, 2005, 08:33 AM
    Thanks. I will go back and reshoot this and experiment a bit. The scene wasn't lit by harsh light - high cloud as I recall. I actually deepended the shadows intentionally in the PS CS2 RAW converter - the original wasn't as contrasty. What is interesting is that while the actual exposure of the blown area should be well within tolerances (If I were still shooting B&W film I would have guessed it at around zone 8) it is just the one colour that is blown - and yellow is not one of the 3 channels so it must have actualy been 2 colours. I will have to keep an eye on my histogram display because I don't have the $ for a 1DSMkII!

    Photoshop can show you a histogram of an individual colour. Ok, so it's not as good as viewing it on the camera when you shoot, but it's better than not being able to see it at all.... Also, you can view histogram for a portion of the image in Photoshop by selecting a portion and viewing that.

    You could also view in R/G/B separately in PS by selecting that channel only... That way, you'll see the yellow on it's own.

    Note that Yellow is a combination of RED and GREEN in the camera (as it's "not BLUE"), so look at both green and red in PS.

    --
    Mats

    --
    Mats



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  • needinfo80
    09-08 11:47 PM
    Got medical RFE at 485 stage.Here are RFE details :

    The civil surgeon's signature on the supplement Form to I-693 submmitted with your application to adjust status is photocopy and is therefore unacceptable.Your original Supplement Form to I-693 is hereby returned to you in the enclosed sealed envelope.Take this letter and your enlclosed Supplemental Form I-693 to the civil surgeon who administered your vaccinations.ONLY THE CIVIL SURGEON SHOULD OPEN THE SEALED ENVELOPE.The civil surgeon must verify that he or she completed the Supplemental Form to I-693 and place it in a sealed envelope before returning it to you.
    The medical examination report,Form I-693 submitted with your application to adjust status ,also contains a photocopied signature and is therefore unacceptable.Your orginal Form I-693 is hereby returned to you in the enclosed sealed envelope.Take this letter and your enclosed Form I-693 to civil surgeon who conducted your medical examination.ONLY THE CIVIL SURGEON SHOULD OPEN THE SEALED ENVELOPE.The civil surgeon must verify that he or she completed the medical examination recorded on the I-693 and must sign and date the form in the space provided.

    Did anyone receive similar RFE?If yes,how did you handle this RFE?
    Do I need to take the tests again?
    Can doctor fill a new form based on the previous results.

    Appreciate your help and guidance in this matter.
    Thanks




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  • Templarian
    11-30 12:42 AM
    why would flash people move on to flex ? That makes no sense at all.
    Because Flash is equivalent to hell from a development standpoint. :evil:

    Plus no one here said people should be using Flex over Flash (unless I misread something). :goatee:



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  • freeskier89
    03-02 11:55 AM
    o yea, guess i should have asked this before posting!
    Nah, now he has to accept it :D !




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  • NyteStarNyne
    11-23 12:41 AM
    Woo hoo!

    Some really great entries here. Good luck everyone :D



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  • ashres11
    10-12 04:16 PM
    schedule on 27th October

    R.D - 07/02
    N.D - 09/26




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  • leo2606
    04-12 02:20 PM
    A person I know of did not get paid for about 2 years but this guy went to India for stamping in Delhi.He filed a law suite against his employer before he leaves. He showed all the documents related with the case when asked and got his visa.So I am thinking your reply will not jeopardize your H1B.You have evidence that you moved of this company and filed H1- B transfer knowing the company is bad.

    Again you definetly need to consult an attorney like Murthy or Khanna to talk about this.I think you can get immediate consultation if you call their office, obviously they charge.I think it is worth spending so that you will not have mental tension.



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  • abhijitp
    01-25 04:59 PM
    I live and take bart from fremont. let us know time and day or days of this event. I will plan to stop by or stop for hours to help IV friends.

    THAT is the spirit, thank you my friend!

    The drive will happen on
    all weekday evenings (5pm - 7pm)
    between
    Tuesday 1/29/2008- Friday 2/8/2008

    Are you a part of the NorCal yahoogroup?


    Thanks again!




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  • pappu
    10-23 11:45 AM
    I think 485 processing is not dependent on PD being current. It is only the adjudication or final approval for which the PD needs to be current.

    All 485 processing takes place based on it's receipt date and after it is complete the application is put on hold for approval untill the PD becomes current for that application.

    Yes. Pre-Adjudications can happen regardless (dates current or not). However having a pre-adjudicated file has no consequence on immigration benefits unless your dates are current. When the dates become current for the applicant, the file is pulled for allotment of visa number.

    I will correct my post to be more specific.




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  • diptam
    09-23 10:16 AM
    To answer your question the Priority date column is NULL ( i mean blank) for most of us in 485 Receipt Notice.

    But the "Section : " is showing UNKNOWN for some of us and showing something else for others...

    I'm wondering if that could be an issue - shall we call USCIS to fix this ?

    what does the priority date column on the recipt notice say?

    Does it show the actual priority date or is it blank or something else?




    same_old_guy
    02-23 02:01 PM
    Dont worry you will get your RFE soon. I saw pretty much everyone is getting RFE for H1 extension ( beyond 6 yr) these days !




    abd
    03-05 10:18 AM
    My I-140 got approved without RFE EB2 on 03/02/07.

    RD 07/27/06
    LUD 08/16/06
    Approval Date 03/02/07.

    Now joining endless wait for 485 filing.



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