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  • Ramba
    07-31 05:57 PM
    Extension of H1B beyond six year, is possible only if any employment based greeen card applications (like Labor Certification and 140) is pending or approved. As your mom is not having any Employment based GC applications pending, she can't apply H1B extension beyond six years. The best advise is leave the country before expiry of I-94 and enter thro CP based on I-130; Dont count on 180 day period. If she want to stay in US to file AOS based on I-130, she has to find a way to change of other non-immigrant status like student etc..

    (to check your luck, apply H1B extension with a request that I-130 was already approved and PD is very close to become current and request to grant an extension for an year based on current family situation and to avoid leaving the country.USCIS may buy this request and but not gurenteed.. Any way consult a good lawyer for other options)





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  • jmafonseca
    November 21st, 2004, 01:36 PM
    Hi guys, thanks for the replies.

    I had the camera sent to Nikon for diagnosis last week, they wrote me an email just a few days back saying my power module had problems and it needed to be replaced. I requested they return the problematic power module so I could send it to an engineer friend of mine for examination. I'll let you guys know if I find anything new.

    Just 4 days ago Tantrik wrote me a message saying the same happened to him. I wonder if this is a problem with the D70 model because I've never seen Nikon equipment break so easily and I honestly did not expect to hear the same happened to someone else.

    Plus, as I explained, I did nothing to cause the problem. The camera laid there for a few days and when I turned it back on it was already bad.

    Total Cost for fix : U$ 300.00

    Nikon USA said they'd replace the camera for me but I bought it in Brazil. The local Nikon people charged me the above fee to fix it. Down here a D70 costs between U$ 2300,00 and even U$ 4000.00 in some shops. So the fix is worth it.

    If this is a structural problem with the D70 I will sell it and move to Canon. I just don't want to believe Nikon is making such disposable equipment.

    The camera was not purchased from the gray market and I have a proper tax receit with it.

    Thanks again for the replies and please let me know if you find anything else about this problem.

    Best regards,
    Jose





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  • dxldad
    05-19 07:42 AM
    MurthyDotCom : I-485 Approval Possibility Issues: International Travel (http://murthy.com/news/n_intrvl.html)





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  • stxvr
    07-20 03:44 AM
    From the website http://www.immigration-law.com/Canada.html we can see that there are only 140000 GCs are given for employment. Also as per the current prediction on the same page shows that there will be 750000 new applications will be added in to system because of this recent events. Now follwing are some facts what I can see from these details:

    1. As only 140000 visas can be givens per year. USCIS OR DOS can not cross this limit.
    2. There is also per country limit. (I don't know what is the exact % for per country - think 10 -20 %)
    3. If you count 20 % then for India the figure per year is 28000.
    4 Now imagine how many years it will take to cover up the number like 750000.

    My analysis:
    -Based on these details you can predict that there is going to be more than 10 years to clear this thing. (except some new law passes).
    - Some may get GC after 10 years of filing A485.
    - For atleast 10 years PD remains Unavailable.

    What do you say on this?



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  • kris04
    10-08 04:59 PM
    Yes, roseball, you got it right.

    Whats the reason to join Employer A and what will make me become an employee of Employer A - like i to have them do my W2?

    GC is approved based on Good Faith that the sponsoring employer will employ you after GC is approved or you will work for sponsoring employer after GC is approved, if not then it could cause trouble for you during citizenship or your sponsoring employer could report to USCIS about the non-compliance--> This is legal term

    But there is one way around it, join employer A and get yourself fired from the job then you're fine.

    HTH

    kris





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  • Dhundhun
    06-09 02:39 PM
    I just spoke to an Immigration Officer about the status of my pending I-485 application using InfoPass, and all she said was "it is waiting for a visa number". She seemed to be very ignorant of general USCIS regs and laws, but she called somebody and this is the answer she came up with.

    My category is EB2-India with PD of Feb 2004 which is current for June. So, my question to all the gurus here is: WTF does this mean "waiting for a visa number"? i told her that my PD is current, so there is no need for waiting, but then she told me that my application was received on July 2nd 2007 and I need to wait. I tried explaining that 485 receipt date has no relation to PD, but it was a lost cause.

    Any comments from the wise on this board?

    My Understanding:
    #1. The Receipt Date has relationship with Processing Date. If Processing Date is not current with respect to Receipt Date, file will not be picked for processing.

    #2. When file is picked based on Processing Date and Priority Date is current, USICS asks for a Visa Number from DOS (Department of State). Visa Number is individual specific. USCIS sets Priority Date, but Visa Number is given by DOS and DOS can say USICS to wait, if Visa Numbers are not available.

    I am sorry to say that I am still not a wise on this board, but thought, I could comment on it.



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  • franklin
    06-15 12:33 AM
    Hi

    Can I file for the I-485 before july 1st 2007?

    I doing my medical exam next week on the 20th, that's the earliest i could get in MA.
    However i'm going to do my x-ray tomorrow, because i always test positive after the TB test, but x-ray negative. Does it hurt to do the x-ray earlier that the actual TB test (PPD)? my doctor said it does not hurt and he will accept it. Does any one know if there going to be a problem with that ?

    thanks for your help.

    Not if your priority date became current in the July bulletin, no

    It doesn't hurt to get the medical out of the way at all - its valid (from what I've read here) for 1 year. I did mine last month before my PD became current on June 1st





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  • HumJumboHathuJumbo
    10-31 11:02 AM
    what address should i mail my I-131?. I did not file with my I485 application.there is a chicago address on form I131.should i mail it there?.
    thanks



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  • rockstart
    03-02 10:00 AM
    The answer is Yes & No. You are correct that CIS should only care of status from last entry on visa. But CIS does ask for all the documents from your first entry to US. Though you can always invoke 245(k) in case you have status issues that does not stop CIS from asking old documents


    As I said before, one needs to show that he/she is maintaining status since last entry only. Your attorney should know this.


    ____________________
    Not a legal advice
    US citizen of Indian origin





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  • pitha
    05-22 07:28 PM
    I am not sure it says only people who applied for I140 after May 21 retain there priority date. Everybody retains there priority date no matter when they applied for I140.

    Since there is a quota, priority date will come into play. That is why the new bill specifies that those who files I-140 after May 21, 2007 and those whose LC are approved or pending will maintain their priority dates. Anyone who files under the new point based system will have their receipt dates as their priority dates.



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  • gauravsh
    04-28 08:57 AM
    Travelled back from India today by continental flight from mumbai till newark non stop. My H1b is expiring on 19th june. Had a ISSUELESS entry. The guy asked your petition is valid only till 19th June. I replied I am going to file an extension. he said you will be needing to reenter the country after it. I said "yes, I know". He said he is going to give in I-94 valid till 29th june just in case if I have any issues. That is 10 more days after my petition is expring.
    Guy was very nice and supporting. We shared some jokes . he notices that by passport has writing that If I take citizenship of any other country than I have to surrender the passport. he asked "india dont allow dual citizenship". I said "No". he replied "It sucks" and we laughed together.
    My advice dont let current recession effect your trip. If you need any more information PM me. I will be happy to assist.

    Also, just I wanted to share the information becuase many people seemed worried about this.

    Good luck :) :) :) :)





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  • siravi
    11-23 10:22 AM
    nihar,

    a couple of members tried help you with this query you posted in another thread earlier... (http://immigrationvoice.org/forum/showthread.php?t=15594)

    1) please write clearly. The SMS format (?) is not helping much :(
    2) you need to provide some more/basic information as was also requested earlier (above thread, post # 28)
    3) as suggested above, really, your best bet would be to talk to an international student advisor at your university/college, since you have been on F1.



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  • surabhi
    09-16 02:21 PM
    Hello Gurus,

    I am July 2nd filer like so many others. I have changed employer after 9 month of filing I-485. I-140 was approved in Jun 2007. I have AP approved.

    My question : Is it advisable to travel to India and come back on AP? the reason I am asking is I have changed the employer? Will that affect my entry back to USA in any way at immigration check? Please advise.

    Thanks in advance.

    --Srinivas

    There is no risk. I recently traveled and came back on AP and I changed jobs and no longer work with sponsoring employer.

    There is always a nut case if you are not lucky and will probably cause some grief, but will not stop you from entering US.





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  • texcan
    02-26 11:09 AM
    I would like to find out if anybody here heard of H1B denial due to lack of MASTERS DEGREE IN PHYSICAL THERAPY.

    When I first read the notice of denial from USCIS I couldnt believe it. I satosfy all of the requirements stated on the letter to practice as a PT (specialty occupation) until I read a portion in OCCUPATIONAL OUTLOOK HANDBOOK (OOH) 2008-2009 (on the same notice) which stated that it requires a masters degree in PT as an entry level to practice PT.

    Ive been preacticing in the US as a licensed Physcial therapist for almost 5 years. I decided to have my H1B transfered to another employer and I got denied---for the above reasons. Im devastated. And now I have to stop working in 2 days---go back to my old employer and go home when my visa expires or I dont know...there is no paln B for now.

    I know this rule ( Masters required) was put in place about a few years back. I am surprised how come your employer or you did no know . There is a date/specific year, if you passed your PT before that date you can practice without a Masters.
    if your pass out date is beyond that date you have to get a masters.

    Solutions, not sure how well it can work at this time; but get a masters in PT.
    Other solution can be is research to find out if any state still allows you to work without MS and take appropriate step to move to that state ( transfer license etc).



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  • hopefulgc
    09-16 10:22 PM
    Please don't lose heart.. hang in there.

    What you are experiencing has happened to a couple of people. But it sounds pretty counter-intuitive as to why they would deny substitution with for Eb2 labor?
    Whatever the case, it sucks if it jeopardizes the primary Eb3 petition.

    Are you able to locate any precedents to this?

    Keep us updated here on this thread.

    Hi,

    Here is my case specifics:
    --------------------------

    1. Filed PERM EB3 LC - PD:01/2006 - Approved.
    2. Filed EB3 I-140 using LC Sub from my company(company's policy..) - 06/2006 - was pending
    3. Filed I-485 using pending LC Sub I-140 - 07/2007
    4. Second I-140 Filed - 01/2008 based on my original PERM LC.
    5. Second I-140 - Approved - 02/2008
    6. Attorney sent AILA Request last month on my pending I-140. Got AILA Response as below
    "Talked with the I-140 senior officer this afternoon about this case. We both reviewed the I-140 and the issue with the substitution of the labor cert. It appears that the individual that had the labor cert originally, adjusted off of it. Therefore, we can not substitute it again for the individual listed below. I believe that he has one I-140 already approved and will have to stay with that priority date. Have a good weekend."
    7. Based on this, my attorney told me that my first I-140 will be denied soon; but she said that my AOS will continue to be active based on my approved I-140.

    8. As my attorney said, Today, I got an CRIS email saying that my LC Sub I-140 is denied.

    I have couple of questions now:

    1. I am worried about my I-485 since my wofe is working on EAD. My understanding is that if your I-140 is denied, then your I-485 is denied too. But, my lawyer says that since I have an approved I140, they will use that and she is quoting the AILA Response email also. Is it true? or she is just convincing me with her lies.

    2. I can continue to check the status of my I-485. But, how can I verify my AOS is now tied with my approved I-140? Interestingly, my AP Renewal is approved yesterday and notice mailed (a day before my I-140 denial)

    Please let me know guys. Your help would be greatly appreciated.

    Thanks





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  • ssbaruah@yahoo.com
    06-01 01:24 PM
    I have my paystub till Jan 2009 and now I am out of status. A couple of employers are ready to transfer my H1B with project, but when they came to know that I have paystub till Jan 2009 then they stay back.

    I will appreciate if you urgently let me know the ways to do the transfer my H1B.



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  • Imigrait
    08-31 03:08 PM
    Bottomline is that the whole process translates to Luck.

    Surely is. That's why if you search on this forum there are so many theories and postulates put forward that tries to second guess or figure out what their algorithm/methodology is. The last person who could guess the PD movement algorithm was VDLRao, but he is MIA nowadays.

    Anyways if anyone who has their PDs current on this forum and believes that they are feeling lucky tommorrow or anytime in the next month, I would suggest NOT to wait for GC news. When you're feeling lucky go to Vegas, maybe a multimillion $ jackpot that you always dreamt about is around the corner:D.





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  • O'podu
    07-17 04:30 PM
    Instead of flowers, lets make IV strong by contributing more to it. The battle isn't over yet. We may still end up living rest of our lives on EADs and APs.

    Again, pl. contribute!!


    Contribution is for their better service.
    FLowers and wishes are Appreciation towards their bold steps and effort which brought us together virtually.
    We would never have brought out our thoughts without the support of IV coordinaters.

    Anyhow i decided to contribute my best to IV very soon.
    Thanks IV.





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  • ssbaruah@yahoo.com
    06-10 12:35 AM
    Pl. help with your precious advice. I got laid off five months back. I kept hunting new job but could not get one. Now I plan to move out of the country. In the circumstances, is my employer who was holding my H1b during termination, liable to give return tickets to my base country ? Can I claim the same after five monthsof my termination since I failed to get any job? What about my family members?

    Can anyone send any link emphasising this Rule so that I can quote that to my employer?
    Any advice in this respect is highly appreciated. Thanks.





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    07-30 12:45 PM
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