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  • dbevis
    October 23rd, 2003, 11:59 PM
    Funny Don, I was just over at Holliday Park about a week and a half ago scouting a location for a shoot. Too bad that area is fenced off, it would be perfect.

    Yeah, stopped there after I left your place the other day. It's too bad they don't fix it up and get the fountain working again. And the fence doesn't do anything for the appearance :( Then again, it is called "the ruins". It might have been put up due to a skateboarder problem, dunno.

    Don





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  • averagedesi
    08-23 11:33 AM
    Folks

    My EAD got approved on July 30th when my PD which is Mar 2005 for EB2 is not current.

    USCIS issued the EAD for a year, called them up, they are asking me to send it back along with a fresh application.

    Is there a process to get this straightened out? I call the USCIS number and each Rep gives me a different suggestion, one female was saying set up a infopass appt and they will help you out.

    My current EAD runs out on Sep 19th and I dont want to mess with my EAD and create problems for myself

    Anybody in the same boat?

    Thanks!

    PS: if this issue has already been discussed please dont stone me





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  • help43
    09-10 09:02 PM
    I Have H1-B Approval but I dont have I94 with it.

    Actually my H1-B valid from October 1st.

    I went to my friends consultancy, those people said like you can work for any employer in OPT Status. So they want to run my paystubs up to september 1st 2008.Once I got the H1-B they want to run my paystubs from another company(througth Which i applied My h1-b).

    Now I got the h1-b approval but i didnt get the new i-94 with it. And my previous employer ready to run paystubs with new h1-b company.

    My OPT expiration date is on dec 29 2008.I am planning to go to consulate in the month of November 2008.

    Please help me out what do i need to

    1) Which Country i need to go?(Canada, INDIA or Mexico)

    2) What documents i need to take?





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  • pcs
    07-31 01:51 PM
    Please share the info


    thanks



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  • bekugc
    04-08 06:18 PM
    ss1026;

    if u register at uscis as a customer, then u can create ur profile and add ur cases to it as a portfolio. once u do that all ur cases will be listed in a tabular column fashion, and one of the columns is 'last updated date'. u cud sort on that column to regularly see if anythings hapening on ur case.





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  • peer123
    04-17 09:19 AM
    Check the directory of occupational titles and ensure the new and old jobs have the same / very close occupational code. You can find it on the DOL website. Duties is one thing, but the code is also important.

    I did check, job code is 13-1111.00. the two titles used in labor cert are principal management consultant -system analysis - this is primary
    and system analysis - mentioned in related occupation

    the approval job code is 13-1111.00 - the new title i am getting is system analyst.



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  • Bpositive
    02-22 05:17 PM
    Talk to a good lawyer...you should be able to sort it out..Congrats on getting into the Phd program at MIT. No mean task...





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  • wandmaker
    07-23 07:44 AM
    All,

    I feel that those who concurrently filed I-140/485 in July 2007 are very lucky!

    Here is my situation -

    Previous Employer -
    EB3,PD-Jan'04,I-140 cleared. Switched in June 2007 and wasn't able to file I-485 in July 2007

    New Employer -
    EB2, PD-Dec'-07, I-140 (Feb'08 - pending)

    Question -

    Based on Jun'08 Visa bulletin the dates for EB2-India were at Apr'04. Filed for I-140/485 based on my old priority date for EB3 labor (Jan'04). Explaining USCIS for PD transfer.

    Well, folks at NSC did not understand the PD transfer concept and send my application back. Unclear as to what do now. I guess need to wait until the dates for EB2-India reach Dec'07 such that I can file.

    Any "Creative" thoughts on how to approach USCIS moving forward.

    Thanks in advance for your replies.

    Aamchimumbai

    (1) you first will have to apply for 140 with porting request until it is approved the PD is not yours (2) apply for 485, if the PD is current. NSC folks did the right by returning your application because concurrent filing is not possible, if the 140 has porting request.



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  • NolaIndian32
    04-28 02:20 PM
    If your I-94 is only issued until your H1B is valid or until AP is valid, you don't have to worry about extending your I-94 once that H1b or AP expire. When you renew your H1b or AP, it acts as your I-94. Matter of fact, the bottom portion of your H1b approval notice is also the new I-94.

    I have travelled numerous times between the US and India since 1994 and not once did I ever worry about the validity of the I-94 because I was always "in-status".





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  • somegchuh
    10-26 12:18 PM
    My wife went for H4 visa stamping in New Delhi embassy yesterday. The visa officer asked her a couple of questions, then asked for my I797 approval notice. He kept the passport and the approval notice and said they will mail the passport with visa.

    Do they mail the I797 back with passport? I need the original approval notice for travel and my documentation. Has anyone been through this? Is there a way to follow up with the embassy to get it back? If they lose the document that will be a serious problem.



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  • starving_dog
    06-05 07:42 AM
    Did anyone notice the change in the wording on I-485 adjustment of status? It used to say that it takes between 850 and 900 days to process this type of request. Now it just says that the will notify you when a decision has been made. This change was just made in the last week or two. Curious.





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  • texcan
    07-31 04:55 PM
    Hi All,

    We are planning to goto canada for our H1 visa extension (actually i changed my job to new employer also). My H1 visa expires on Sept 31st 2007.
    We are planning to go in August 2007 itself.

    Lets say if our h1 extension is rejected or some issue what will be our status?
    Can we come back to US and plan for our india travel or we have to leave to india from there itself?

    I heard that mexico has different rules?

    Thanks for your help.


    AVR is valid for reentry only if you donot apply for visa in canada or mexico
    and if you come back to US within 30 days.
    Donot give you I-94 when you leave US.

    If your visa is rejected in canada, you cant re-enter US.



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  • Macaca
    12-15 01:41 PM
    My lawyer had the following lines on this issue:

    However, on a positive note, you are eligible for a special benefit for persons born in India subject to immigrant visa retrogression issues. Since you have an approved I-140 visa petition, you will qualify for a 3-year extension of H-1B visa status, with subsequent extensions possible.

    It appears that the 3 year extension may not applicable to all countries. If you are not from India, you may like to check. If you check, please post the results for other persons. Thanks.

    yes you will eventually get a 3 year extension after you run out of 6 year term (assuming the new company files perm and the retrogression is still there and your I140 is approved then......)





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  • raysaikat
    09-13 03:56 PM
    Hello,
    I have a question about obtaining and O-1 visa (or possibly EB-1 Green Card). I did hire an attorney , but would like another look at the situation.

    I am a musician, about 2 months after the end of OPT, presently in USA, with a PhD and many awards so I should qualify for O-1.
    Unless you have won a grammy or a similar award, you do not necessarily qualify. Here are the requirement from USCIS:

    1. Nomination for and/or recipient of significant national or international awards or prizes in his/her field (e.g. Academy, Emmy, Grammy, or Director’s Guild Award)

    OR

    • At least three of the following apply to him/her:
    o Performed a lead, starring or critical role for organizations and establishments of distinguished reputation.
    o A record of major commercial or critically acclaimed success.
    o Received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the alien’s field.
    o Commands/ed high salary or other remuneration for services as compared to others in the alien’s field.
    o Other comparable evidence

    Aliens in the Motion Picture or TV Industry
    The type of evidence that is required to establish “extraordinary achievement” in the motion picture or TV industry is in some ways similar to the type of evidence submitted to show “extraordinary ability” in the arts. The standard that must be met, however, is higher. To establish “extraordinary ability in the arts” it is enough to show a high level of achievement. For “extraordinary achievement in the motion picture or TV industry” a very high level of accomplishment is required.


    When you file your petition, you must try to provide evidence of as many categories as possible. Usually the point is that what you have achieved is not *usual*. E.g., *winning* an assistantship in your graduate school does not count.



    As advised, I needed an employer to sponsor the visa. My attorney suggested that Part-time is not recommendable at all. I researched and could not find if the position need to be necessarily Full-time? I have only a part time job currently and many freelancing opportunities.

    Also, since the nature of my profession is freelancing (meaning I need to perform, teach...on many different places), can I be self-employed for O-1?
    O-1 is the employer's petition, not yours. So you do need to have an employer. However, if you can prove that your field is traditionally self-employed, then you can have a US agent. I do not know what is a US agent; ask your lawyer.


    We already filed the petition for O-1 (with the part-time employer as a sponsor) and the current status is: Additional Information/Proof Needed. We still don't have the letter stating what is needed, but I worry it's not a good sign. What do you think?

    And lastly, IF it happens that O-1 is not approved, can I still apply for EB-1 Green Card?

    Thank you for your answers!

    EB-1 petition (assuming it is the EB-1A) standards are as follows. They are very similar to O-1 and stricter, however, legally EB1-A requirements are independent of O-1 requirement (i.e., you cannot argue that if your O-1 is approved, then EB1-A must also be approved with the same set of evidences):

    Aliens with extraordinary ability are those with "extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation." You must be one of "that small percentage who have risen to the very top of the field of endeavor," to be granted this classification. For example, if you receive a major internationally recognized award, such as a Nobel Prize, you will qualify for an EB-1 classification. Other awards may also qualify if you can document that the award is in the same class as a Nobel Prize. Since few workers receive this type of award, alternative evidence of EB-1 classification based on at least three of the types of evidence outlined below, is permitted. The worker may submit "other comparable evidence" if the following criteria do not apply:

    Receipt of lesser nationally or internationally recognized prizes or awards for excellence;

    Membership in associations in the field which demand outstanding achievement of their members; [It is not sufficient to be a member of an organization where you are member just by the virtue of your profession, or just because you cared to apply]

    Published material about the alien in professional or major trade publications or other major media;

    Evidence that the alien has judged the work of others, either individually or on a panel; [Grading your student's work does not count! If you are a judge in American Idol, Project Runway, etc., those would definitely count]

    Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field;

    Evidence of the alien's authorship of scholarly articles in professional or major trade publications or other major media;

    Evidence that the alien's work has been displayed at artistic exhibitions or showcases;

    Performance of a leading or critical role in distinguished organizations;

    Evidence that the alien commands a high salary or other significantly high remuneration in relation to others in the field;

    Evidence of commercial successes in the performing arts.



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  • Templarian
    08-26 12:00 PM
    Yea, I was making a calvin( and hobbes, hobbes is to hard to make) during my lunch then my works video card shot (luckily i have 4 monitors so 2 still work or I would be screwed). Would be nice if when a video card blew it didn't shut down the entire thing :(

    I'll make it when I get off of work.





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  • Alabaman
    10-05 05:49 AM
    The entry for the DV 2008 (aka Visa Lottery) commenced yesterday and would run until noon of Dec. 3. While some countries like India and China are not eligible to participate, it is important to point out some changes that might be indicative of what would happen per current immigration legislations.

    In the entry form, questions about educational qualifications and country of present residence have been included. These questions have never been asked in the 13 years the visa lottery has been running. I suspect this is anticipatory of the CIR (or some variations or portions of the CIR) being passed before the results of the lottery start to trickle out in April next year. If you all would recall, the dead CIR bill passed by the senate in May had provisions that the Visa Lottery should be modified to reserve 75% of the 55K visas to applicants with advanced degrees and it would be strategic to capture this data in advance in anticipation of legislative changes.

    Now, while this is not good news in it self, it could however be that the Dept. of State knows or anticipates that the piece of legislation in question and indeed more immigration legislations would be passed after the November elections and more than likely, before April. I think this is a good pointer for us and we can't but wait to see how things unfold.

    In the interim, you can visist http://www.dvlottery.state.gov/ to fill out an application if you are from an eligible country.

    Goodluck.



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  • mmandal
    08-02 12:29 PM
    Guys

    I want to alert you to a bad experience with UPS over an international shipment and suggest you ship Fedex or DHL especially if shipping time-sensitive immigration docs. If you have any further questions pls PM me.

    I mailed a 'guaranteed delivery' package containing immigration docs to Mumbai from Tucson, AZ. I wanted this package to reach at a particular date because of a time-sensitive processing required on part of my family in India. It was mailed through a UPS store in Tucson.
    The problems:
    1. The package was delayed by 2 business days, screwing me and my family - cancelled airplane tickets, missed appointments, cascading delay for further processing.
    2. I am having trouble getting a refund even though I am eligible for it. The UPS store refuses to issue a refund saying that "there is no guaranteed international shipment' ever. This is after the fact that UPS shipping confirms that I am eligible for a refund, but it has to be processed through the store. So, basically, I am caught between the UPS store and UPS shipping.

    Lesson learned:
    1. Dont ship UPS
    2. Even if you ship UPS, dont ship it through a UPS Store

    Based on my discussions in the recent couple of days, Fedex may be a better option. In fact I FEDEX'ed duplicate copies of the paperwork 3 business days later and they were delivered on the same day as the UPS package!!! Never tried DHL so cant say anything.





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  • ss1026
    06-14 05:09 PM
    The first thing for 485 approval is that your PD is current. If you PD is not current but the processing is complete because of the pre-adjucation , you still will not get 485 approval aka GC

    But if you PD is current, that whoever has there process (name check, biometrics et al) complete, they would get their GC before ppl with older PD if they are are still in processing queue.

    Offcourse there is another thing that comes in to play and that is the per country quota :eek:

    EB-3 India Feb-2005
    Waiting to apply I-485





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  • pd2001_12
    09-15 12:26 PM
    Any ideas? (My wife and son are in india now).
    Anyway, I will support IV wholeheartedly going forward. Of course, I got benefitted from it. I am a long timer, 2001, EB3.





    nortam1
    09-15 02:04 PM
    Can't see them. Already refreshed and deleted cookies.
    Anyway, can anyone tell me what's the processing date for EAD I485 based at NSC?





    chanduv23
    03-15 02:11 PM
    You meant, getting residency on h1b is extremely 'difficult' in recent times? Anyways, if your wife has once got a residency on H1, getting a fellowship on H1 should not be that difficult. Hospitals are much easier on physicians that are already on a H1 status...its the same as its the case with IT employers...once on a H1, its easier to move around on a H1..

    Just like my wife, your wife too now has sufficent H1 years to get through both residency and fellowship, I guess, so running out of time is not a problem either.

    Only thing, people like you and me need to worry about is what if the residency is pursued at a non-profit (quota exempt H1) and wife decides to pursue fellowship at a for-profit (quota H1).

    In that scenerio, fellowship on a H1 might be a bit of a problem...

    I suggest, if your wife has already started residency on H1, avoid thinking of getting onto a J1 ever.

    You will unnecessarily complicate her immigration profile...

    Well Mihir, I was not talking about getting back to J1, but just correlating his experience on j1 with a possible scenerio on h1b and wanted to know if people do fellowships on h1b. I have not come across any, but have come across J1 fellowship candidates, so I was wondering that maybe it is actually difficult to get it on h1b. Anyways, I will find out as we have already started to enquire about fellowships on h1b.



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