Wednesday, June 8, 2011

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  • nixone
    08-27 10:03 AM
    Thanks chantu and fresheb2.

    I have one more question regarding plane tickets. My parents bought ticket that has OPEN RETURN DATE, but the maximum validity of the ticket is SIX months.

    They do not know the exact date when they are going to return and they also do not know how long the stay permit will be given to them (even though I have heard that normally 6-month stay is given). Now some people are saying that the Officer at Port of Entry does not like when there is no specific date of return.

    Do you guys think my parents need to change the ticket or they need to have the return date mentioned on the ticket (the date that we do not know yet)? They are flying in less than 2 days. Thanks.





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  • diptam
    08-13 11:28 AM
    What makes you think in this Direction ?

    looks like they will make us wait till 17th and accept/reject case from July 2nd...and most of the rejected cases might not be eligible to refile :mad:...this is my guess!





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  • GCVivek
    04-10 01:18 AM
    Almost all visitors from most countries need to appear for visa interview before coming to the US. As for the question about the student niece, there are more formalities. DS-160 is the least of them. School must approve and issue a SEVIS form, you have to show lots of documentation to show you can financially support the student or she has funds. I know because I have my niece here who i have sponsored but she is in community college. I suspect for 8th grade to be even more strict. Check with US consulate for requirements of interview in your home country.





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  • gcgreen
    07-22 02:31 AM
    Quoting the AC21 memo:
    "Adjudicators SHOULD NOT PRESUME ABSENCE OF SUCH INTENT and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."

    So, per the memorandum, you MAY be in trouble ONLY if the adjudicating officer decides something is fishy. And the officer is to treat the I-140 and supporting docs (based on which your I-140 was already approved) as prima facie evidence of intent. So why are you worried? Has your I-140 been withdrawn by old employer?


    there is a memorandum issued by USCIS on
    12/27/2005. It clearly indicated that I can't be denied due to leaving
    previous employer prior to 180 days.

    http://www.immigration.com/newsletter1/amendac21.pdf

    Question 10. Should service centers or district offices deny
    portability cases on the sole basis that the alien has left his or her
    employment with the I-140 petitioner prior to the I-485 application
    pending for 180 days?
    Answer: No. The basis for adjustment is not actual (current)
    employment but prospective employment. Since there is no requirement
    that the alien have ever been employed by the petitioner while the
    I-140 and/or I-485 was pending, the fact that an alien left the I-140
    petitioner before the I- 485 has been pending 180 days will not
    necessarily render the alien ineligible to port. However, in all cases
    an offer of employment must have been bona fide. This means that, as
    of the time the I-140 was filed and at the time of filing the I-485 if
    not filed concurrently, the I-140 petitioner must have had the intent
    to employ the beneficiary, and the alien must have intended to
    undertake the employment, upon adjustment. Adjudicators should not
    presume absence of such intent and may take the I-140 and supporting
    documents themselves as prima facie evidence of such intent, but in
    appropriate cases additional evidence or investigation may be
    appropriate.

    I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.

    I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.



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  • rjgleason
    January 17th, 2005, 07:01 AM
    Anders, good job on the hockey pics. I have a couple of questions.

    Did the lighting necessitate your using ISO 1600? What was the lens you used? Monopod? What metering mode? Did the ice cause any problems?

    The reason I am asking is that I recently did some boys and girls high school portrait shots and they want me to shoot some games. The lighting at the school's rink seems like I would not need ISO 1600 and still get to shoot wide open and high SS.

    Here is the link for the portraits that I did shoot and would like your opinion: I shot these with the 1Ds MII and 85 1.2 (Should have had a better backdrop IMO)

    http://www.rjgleason.com/gallery/thumbnails.php?album=7





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  • gc28262
    03-25 03:33 PM
    so what's the problem here.

    Just work with your attorney and employer who filed your 140 to send them the info/letter they need with details on which client you worked for and when, etc.

    BTW isn't I-485 for a future job ? How does the current work location matter ?



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  • gcseeker2002
    11-12 02:54 PM
    http://mexico.usembassy.gov/eng/evisas_third_country.html
    It is only for those people who are changing visa types, not for renewal stampings.





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  • walking_dude
    03-14 10:22 AM
    There is nothing much IV can do to fix the inefficiency of the USCIS. How can IV help if USCIS cannot do its job in time? We can request them to work harder, thats all we can do.

    Multi-year EAD/APs ( 3 years) are already part of the ongoing IV Admin fixes campaign. Having 3 year EAD/APs will fix some of the issues mentioned by you.


    Guys,
    I guess we are here long on waiting for our green cards in the mean time I am suggesting we do a letter campaign to write in thousands to the USCIS director and lodge our protest about the problem the immigrant community is facing because of delays and irregularities in adjudication of EADs and APs. First and foremost things is a document which USCIS takes 6 months to Adjudicate is valid for 1 year which makes no sense.
    Secondly USCIS should make efforts to make adjudicate it in not more than 2 months since we have to make travel plans etc. We should not be bounded by these documents. If for some reason it takes more than 2 months than 1 should able to get it via infopass, and a family member's death should not be the only reason to get the AP we are human beings and we have other social bondings too like marriages etc. I urge the core team to take steps to come forward a begin a campaign.... I guess this is the foremost need of the moment for 1000s of us..



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  • chandrajp
    06-21 12:10 PM
    You would need afidavits from your parents and a close relative. IF you dont have a birth certificate with your name, registered on the day you were born and the certificate is dated close to your dob then you WILL need afidavits.

    It very simple, just send the format by mail to your parents and ask them to buy stamp papers and get it typed and then sign in front of notory and notory will attest and sign. Then ask them to scan it and send it to you. You just take a print out and give it to your lawyer including your birth certificate you took in 2005.

    Good Luck!
    You need 2 affidavits from 2 close relatives(one from each) who are atleast 10 years older than you





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  • ajay_hyd
    06-21 02:50 PM
    bob, i had no RFE's on my case.



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  • anuh1
    04-05 08:27 AM
    How you filled this much fast? You posted adds before you got PWD? My attorney is saying that we need to wait untill we get PWD to post adds





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  • smuggymba
    08-19 12:56 PM
    Put ur head together and tell me is it too difficult to tell where he is from?

    Put ur head together and don't speculate. He can be a US citizen, or a UK citizen or a Sri Lankan or a Senegalese.....stop speculating and defending your ridiculous post.



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  • JunRN
    07-18 07:19 AM
    schedule a isn't available anymore since feb 2007.


    Schedule A visa is not available. Schedule A simply means that we are exempted from LC. All we need is to file I-140 concurrent with I-485/EAD/AP.
    Our visa is also EB3.

    Now, the question is whether we need to get July priority date or we can get an August priority date and also qualified under this scheme?





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  • caforum2
    06-18 12:16 PM
    yes you can. As per AC 21 once you have counted towards h1b number in last 6 year you are not counted again. So assuming your original h1 wasn't though non profit orgainzation, you can apply for new h1. If you have your I 140 approved you get 3 years h1. PM me if you need more info. I have done it.

    and btw, h1b premium processing takes 15 days, so don't panic.



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  • siravi
    01-10 10:23 PM
    ... if I am around at that time. Shall look forward to meeting and catching up!





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  • apatel_17
    07-18 06:02 AM
    Pls sincerely advice if he can still apply for H1B in April 2008, if he just missed 365 days out of country rule by 6 or 7 days (incase he comes back on Aug 10th 2007 for filing, he would fulfill 360 days out of country and not 365 as needed) ?

    please do some research on immigrationportal.com. i recall reading that short visits should not reset the H1B 365 day clock. days of short visits will just not get counted towards the 365 days.



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  • samswas
    05-13 08:39 AM
    I'm still waiting ... PD 6/12/2006





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  • kowligi
    10-01 08:47 PM
    My wife went to Vancouver consulate this morning for her H1 B Visa stamping (She is currently on a H4 visa). This is her first H1 Stamping and since we both are Permenant Residents of Canada she opted to attend the Interview in Vancouver Consulate.

    The Visa Officer who interviewed her was very rude to her and said he had to do her Education Degree Verification and put the case in Pending and gave her the Standard 221g letter (without circling any detials they need) but in the Other section he wrote as PPT (not sure what PPT means?). Also the moment she attended the interview he Cancelled her H4 Visa as "Cancelled without Prejudice" and he took her application forms and her I -797 and gave her the passport back and said the consulate will notify her in email about the update.He said he wanted to verify her education degrees in India and said she will have to stay there till the verification is done. The only lucky thing for us is we have PR to canada so the stay in canada is not a problem. Currently she cannot come back to US as her H4 is cancelled and will have to stay there till they reach the decision. Has anyone encountered a similar issue before and

    1. Usually how long does it take for the education Verification to be done (atleast approximately so that we can prepare for that)

    2. He has not even seen her Educational Documents and not taken them as well(All he took was the application forms and the I-797). So how do they verify the Education Degree in India(do they have to dig into the docs that she has sent when applying for H1B??). We do not have any problem in Education verification as everything is Real and Authentic

    3. Also since her I-797 is with the Visa officer can she go and ask that she wants to take her interview back in India and request for the I-797 back?

    4. If they deny her H1 B visa can she re-apply for H4 again or would this be a issue as well?

    Unfortunately this was a very bad experience for her and to top that the Visa Officer being rude to her really didn't her a chance to ask to more details:(

    I am sorry if this post is redundant but your inputs and suggestions are greatly appreciated in this urgent matter. Please help!!!





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  • walking_dude
    12-05 02:10 PM
    I can understand AILA/AILF not taking interest in class action (WOM money). May be ACLU will be more receptive?

    Same here, as I've got my GC recently and my citizenship application is 5 years away. On top of this, an individual cannot file a class-action lawsuit, it should be an organized group. Otherwise I would've done it. For whatever reasons neither ACLU nor AILA/AILF want to take on I-485 class action.





    GC_LOOKIN
    09-12 12:56 PM
    Just heard this from my friend. His case is exactly the same (I140-NSC approved, July 2nd 9:01 R.Mickels filer). His got transferred to Texas and got receipts last week. No EAD's yet. Got receipt for FP date today.

    Guys, Please update if you hear more of similar cases.

    this sounds encouraging:) hopefully we will get receipts soon





    tinuverma
    11-09 10:29 AM
    There is a website called Google. Its amazing in that it is above nationality and responds to every "is which of the two"

    Very innovative. It did not help as a lot of Junior Members were rather talking unwanted crap than discussing on the real point. I was and am hoping for something better here.
    Anyone else who can actually give me the answer?



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