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  • augustus
    10-08 05:57 PM
    Ok! God help me here.... My lawyer responded this morning that h4 is valid even after using EAD. EAD is only a benefit.

    Now what is true? So much of information floating around and I don't know what to take and what not to!!!!!

    Please help me, my husband also has no clue..




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  • pappu
    10-18 10:16 AM
    I received a letter from BEC and it says
    This Notice of Findings is the Department’s statement of its intent to deny the application.

    The following reasons were attached in the document:

    1. - The job opportunity has been and is clearly open to any qualified U.S worker.

    The case file indicates that telephone calls were placed made to U.S. applicants but the calls failed to reach the following applicants: A,B,C (name of the applicants)

    Although telephone calls were unsuccessfully places to the three U.S. applicants, no certified mailing or other attempts were made to contact the applicants. An employer must prove that its overall recruitment efforts were in good faith.


    The employer may rebut this finding by:
    Providing documentation that certified mail was sent to the four applicants which demonstrates the employer made the minimally acceptable effort to recruit U.S. applicants.


    2. The department of labor requires that when submitting an Application for Alien Employment Certification the case file must contain two sets of original ETA 750’s Parts A and B. your case file contains only one set of original ETA750’s. The other set of 750’s in the case file are photocopies. ETA 750’s with photocopied signatures are not acceptable for processing. In order to continue processing the Application for Alien Employment Certification you must send an additional set of original ETA 750’s.

    A copy of the Form ETA 750, parts A and B, have been returned in the event that any changes are necessary. The amended copies must be returned with your resubmission. Any amendments made to the ETA 750, Part A, must be initialed and dated by the employer: and any amendments made to the ETA 750, Part B, must be initialed by the alien, as appropriate.

    It is the employer’s responsibility to submit the rebuttal in a timely manner directly to the certifying officer.


    I got already my 7th year extension and it valid till Nov 2007. I spoke with my attorney and he seems to be positive, but he could only able to find two of the three candidates email correspondence.

    Please let me know if you have faced similar situation or any suggestions. What is the possibility of my case gets approved?

    sorry to hear this. There are several instances where employers have been callous or did not take adequate interest in filing the application. My experience with lawyers is also the same, especially if the lawyer is hired by the company. I would suggest members who are yet to hire an attorney to hire their own attorney instead of going with the company attorney. a company attorney will only work in the interest of the company. if you dont have a choice in this matter, then also hire your own attorney as a consultant and run each and every document by him before it is submitted to the authorities. It will keep you safe from such irregularities. Some extra money spent on having your own lawyer as a consultant is always helpful.

    In your case i recommended seeking advice from multiple lawyers. submit your question to our attorney- sonal verma for the confrence call. legal advice for IV members is free in these conference calls. In future try to be on top of things wth HR with your application and be aware of all documents and proccedures instead of depending on HR and lawyers. I am sure there must be a way your situation can be sorted out. good luck.




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  • gauravster
    12-03 09:25 AM
    One more thing that you might look into is the vacations that you hae taken. Generally speaking, if you spend time outside the US, you can exclude that time from the H1B 6 year limit. So if you took an average of 2 week vacation every year, you could get about 12 additional weeks. So your H1B would expire closer to Dec end, instead of 30 Sep.

    You might need to provide documentation to prove this though. The additional time might be valuable nevertheless.




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  • paskal
    12-19 04:55 PM
    midwest folks- where are you
    please post your availability
    the more the merrier....



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  • cox
    October 23rd, 2005, 08:59 AM
    Hi Michael, nice shots. It's easy to see that you brought the discipline and hard work of your nature work to the studio. What was your lighting setup? Flash? strobes?...
    Thanks, Kevin. I'm somewhat embarassed, as I did not use any lighting setup, so your attribution of hard work is, I fear, a little misplaced. I have this house with full floor-to-ceiling windows, and was using natural morning light, diffused by the fog that has hung over the bay for the last week in the AM. I used the camera's meter, either spot or center weighted, with manual bracketing when I thought that was insufficient, as was the case with the wreath & red roses.
    ...I would be interested in knowing the shooting parameters of these shots, what lenses used, etc...
    I was using the 1DMII, and three lenses; the 50mm f/1.8, 100mm f/2.8 Macro, and my newly purchased 16-35mm f/2.8L. Most important was the Manfrotto tripod that allows nearly infinite positioning flexibility. As I said before, I made a cheesy PVC pipe frame and welders clips to hang backgrounds (<10 min fabrication time, <$10). All cases used low f stops, 2-6, & long exposures at low ISO for better quality. I was using the low f stops to help hide the imprefections in the background and give the soft focus effect the customer is looking for.

    Good luck! I'm off to the Islands for a week.
    I hope islands far from caribbean hurricanes!!

    Thanks for the input, all. I suppose that I ought to look at getting some lights... Since I was using natural light, we (customer & I) didn't finish yesterday, and I will have to do the last pieces today (about 2 dozen total). That will also allow me to go over contact sheets with her.




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  • paskal
    07-29 01:17 PM
    good joke too
    will try redress your reputation...



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  • Steven-T
    March 15th, 2004, 08:54 AM
    Obviously we all love cameras, how many of you have or are considering getting a camera phone?
    No, I am using a company cheap phone . . . No intension to buy my own phone. But a lot of my friends and relatives got one. This is just like the PDA. It's the fashion.

    When I was in Philips Island watching pengiums in nature, no cameras are allowed. But the guy next to me are using a cell phone pretending talking to his friend, and snapping pictures . . .

    Steven




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  • amsgc
    12-11 12:50 AM
    In a testimony to the House Judiciary Committee back in Apr/May 08, the USCIS clearly stated that it had changed its policy regarding which applications would be adjudicated first.

    As I remember, USCIS stated that it was now following a policy where cases that had a possibility of getting a visa number in the near future were adjudicated first. It said that this change in policy was made in order to reduce waste of immigrant visas.

    The problem with this approach is that:
    - It is not FIFO
    - EB2-I/C and EB3 not only continue to remain retrogressed, but retrogression worsens.

    Here is how:

    Since EB2-I/EB3-I categories are already retrogressed, the I-485 applications in this category will be shelved until it appears that a visa number may become available in the foreseeable future.

    So, USCIS puts most of these cases in cold storage while it adjudicates and approves the EB2ROW applications as it receives them on a continuous basis.

    When time comes to roll over excess EB2 ROW numbers, two things happen:
    - Already substantial use of EB2ROW numbers make few numbers available for roll over
    - Limited adjudication of Eb2-I/C and EB3 cases make a very small pool of pre-adjudicated applications. USCIS requests DOS to move dates so that it has access to a larger pool for cherry picking.

    The result is that VB dates move forward by leaps and bounds and cases are approved haphazardly with PDs all over the map. When the excess numbers are used up, the dates for EB2-I/C and EB3 retrogress back to previous cutoff dates because there are still a lot of old cases that have not even been brought out of cold storage. The EB2ROW dates are again current because USCIS has adjudicated and approved EB2ROW cases throughout the year- so no backlog there.

    If USCIS followed FIFO, then the following would happen:
    - USCIS would be adjudicating old EB2I/C and EB3 cases right now, and not the recently received EB2ROW cases.
    - This would reduce the number of pre-adjudicated EB2ROW cases and hence lower the demand in the EB2ROW category.
    - When time would come to roll over numbers not used by EB2ROW:
    - A large pool number of excess visas would be available
    - A large pool of pre-adjudicated EB2-I/C and EB3 cases with old PDs would be available that could be readily assigned visa numbers.

    As a result, old cases would be assigned visa numbers and backlog would be reduced.

    Unfortunately, USCIS has confused its process of adjudicating cases (which is FIFO) with its effort to enforce the country quota. The country limits come into picture only when cases ready for adjudication are to be assigned visa numbers. The process of adjudication should still be FIFO, and not determined by the country quota.



    I wonder how it is they justify over 70K visas to EB2ROW, keeping it current all year, when EB2 I was so retrogressed and got only 15K. FIFO my foot. This is the most mismanaged, subjective thing I have ever seen. Translated for us, luck of the draw.



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  • ranand00
    08-17 07:58 AM
    been in pittsburgh for 8 yrs.license renewal no problem at pittsburgh downtown office.
    need letter from employer and h1,thats it.
    go to a different office or talk to the suprevisor.
    hope it helps
    anand




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  • singhsa3
    07-20 04:44 PM
    I will try to answer to the best of my knowledge but I am not an attorney.

    Your case fall in family based 2A preference, the PD date on which is July'02, which implies people in your situation who applied in July'02 are being adjudicated. So obviously, thats not an option for you, if you want to come immediately.

    You child can come here on vistor visa. The issue you will run into is that even though visa can be granted for 10 years but she cannot stay for longer than 6 months at a stretch and some months gap before re-entring in the USA.

    Second option is writting to consulate and department of state to issue visa on compassionate grounds. Issuance of such visa is rare but they are there. You probably will need to show extreme hardship and very few (even attorneys) are in position to advise you on this matter.

    So my suggestion will be to go to your nearset consulate and discuss the matter with consulate officer/visa officer.

    I and my spouse both have green card. We have a kid who was born in INDIA. He has not visited USA till now. The kid is about 2 years.
    We are planning to bring the kid by end of this year to USA.
    So what visa should we apply for him we are not sure :confused:

    A friend told that he had a baby born to him in india and came to usa with in the 1st 6 month to USA and since both parents were having green card, at port of entry in USA, the kid also got greencard for 5 years this was couple of years back.

    But in my case, the kid is 2 years AND also not sure what is the procedure now. Is it still true by default the kids automatically gets the green card at port of entry (Is there any age limit I hope may be till < 13 yrs) if parents posses valid green card. Please help me in this situation.

    Thanks in advance, ;)



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  • ChainReaction
    10-09 07:06 PM
    Hello guys,
    I applied for I140 & I485 + EAD concurrently at the Texas service center on July 19th. I got the receipts dated Sept 11 on Sept 17 and a week later I got the EAD's. My priority date is Feb 04.

    I live in New Jersey and I would assume my FP appointment will be at the NewArk USCIS center. I still did not get any FP notification yet and I started to worry because on the tracker a lot of people with the same dates did get one already. Should I worry or is OK for now ? Is New Jersey more crowded than other states and that is the reason for delay ??? Anybody else in the same boat ??
    I know they consider the application abandoned if I have an appointment and don't go. If, god forbid, the letter is lost in the mail, is there any way I can find out if I have an appointment ?

    I have don't have a lawyer so they will not send a copy of the FP appointment letter to the lawyer.

    Please help !

    :(:(:(:(

    I am a June 25th filer, and i got my receipt for 485/131/765 on Sept 10th and haven't received any EAD or AP and no LUD as well forget about FP. I called TSC multiple time and was told first to wait till 90 days of filling ,then 30 days past receipt now 4 more weeks; since they are heavily backlogged busy in issuing receipts for 485 filer.

    When i contacted my lawyer he told me the same he is still waiting for the receipts for some of his clients who filed in July/August and reassured me that if or when a receipt is issued he will also get a receipt notice, and will contact me ... so don't worry to much regarding FP misplacement and relax it will come... after all it is National security, if the US is not concerned regarding it then why should you .;)

    By the way my PD is March,2003




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  • jthomas
    06-12 12:49 PM
    Your next step would be to copy this and post it in anti-immigration site. Go ahead.... I have seen my suggestion being copied and posted in anti-immigration site.

    Thanks for finding this out. Anyway, who in hell would file for a labor certification when companies are laying off. As per the rules companies cannot apply for labor certification for 6 months from last layoff.

    Don't try again

    J thomas



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  • zCool
    07-16 07:21 PM
    I think IV did great today. BUT
    lets not act as children and pick fights with AILA. Please remember, due to their vested interest, there is NO ONE else who is more PRO-immigrant than AILA.. not even tech-employers..
    So if they are saying situation might be fluid and if they are saying not to spread rumours.. then so BE it..
    I hope I am wrong but seems like tiny access and frustration is causing few IV core members BIG heads ..
    This is time to be calm, AND YES DISCREET!!!!

    Before people start dumping on me.. please note.. we are among friends here and one of the ways to keep in check these things is to call upon friends when you feel they made a mistake.. and I FEEL IV made a mistake.. NOT in disclosing the knowledge but making an issue out of AILA warning and picking fights with them..! So lets take that out.. we know you stand by.. why keep it..?




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  • GC092003
    04-18 11:57 AM
    yes, I punched it right. I changed last digit... it shows it is approved... of course, this is not my case number.. someone who has one number different..
    I am calling to a toll free number... I am so scare if they pull out my information and they might mess up by mistake... no?



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  • sameer2730
    05-15 08:24 AM
    You are faking!!!

    Here are the reasons...

    1) First up there is no candidate name on the LCA. When H-1B is filed, a location specific LCA is sent along with the application/ petition.

    2) On subsequent change of location, a location specific LCA is taken out and kept for office records (after displaying on the office notice boards) and copy is given to you. This LCA never has any name(s) on it. A single LCA can be taken for 10 positions. This LCA is never sent to USCIS. USCIS does not keep track of an individual's projects/ clients after the initial approval of H-1B (unless they make a site visit to your employers office and go through each and every work orders and ascertain them against existing valid LCAs, which is very unlikely considering the timeline you are quoting).

    3) Yes it is a violation if an LCA is not pulled out for the new location. But that is the problem of the employer not yours and it is highly unlikely the individual will be penalized even if USCIS were to find out the violation after making a site visit.

    4) If you suddenly got a nightmare, please state that in your post rather than stating it as a fact. Honest nightmares will still be discussed on this forum.

    So Stop faking!!!

    Thank you sir for finally putting into words what I always suspected. This is shit to attract attention to their site. That was the first place this nonsense came up and just watch how active that thread is . Everywhere else the thread dies quickly.

    Other signs these threads are bull. They either give too much info (All tax returns info for the past 10 years) or too little (I got a one line RFE). Secondly look at the id of this guy "Mishras" - How many S Mishra's got this RFE. Where is the effing anonimity. Just a bunch of amateurs trying too hard to make up believe they are authentic.

    The other anti's I see here posing as good guys
    "GCFORMEORNOT" - Always digging up fear mongering threads to distract from our main goal
    "EASTINDIA" - Real first class asshole posing as someone who is a crusader of playing by the rules.
    Another reason I feel the above too are rouge is because they change their RED - GREEN status like the markets of 2008. One day they are bright red and the next day they are bright green. Basically they have teamed up each other or maybe other anti's to get the greens just to look authentic.
    May those who indulge in this classless activity burn in effing hell.




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  • roseball
    04-07 09:00 PM
    Guess what I discovered today? I found the filled in W7 form and notarized copies of my wife's passport in my house. All this while I was so confident that I did send the W7 form along with tax return form, but it turned out I forgot to do so :(. I called IRS and they told me that I need to fill in Amended Tax Return form (Form 1040X) now. On the contrary, my tax preparer (CPA) is saying I just need to resend Form 1040 and W7 and there is no need to amend as there is no change in figures. Whose words should I follow now? Please advise.

    In my view, you would have to file form 1040X since IRS processed your original 1040 after changing it to married filing separately.



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  • inspectorfox
    11-04 07:42 PM
    Congrats...I see hope from your case.
    My case still remains stuck in security check at USCIS TSC...395 days and counting :)




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  • h1vegas
    10-07 07:37 PM
    Keep a copy of your paystub at your work place
    PS: Official comes from DHS to your office not your home

    Moreover how hard it is to keep a copy of your paystub at your desk




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  • petepatel
    08-21 09:49 AM
    Congrats




    manishcp
    09-21 07:00 PM
    Thanks for information.
    Manish




    Beemar
    12-14 11:41 PM
    Dude, are you serious? You will, only possibly, be laid off in April next year. Means you have got 4 months to find yourself a new job. You already are in I-485 stage, so you don't need any immediate visa to maintain status. And you are telling me you are distressed?

    Grow up. I know many guys who are already sitting without job and valid status for 6 months, and even more. I mean, I can't believe you are serious.



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