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  • indianindian2006
    07-24 03:41 PM
    Hi,
    My situation is as follows:
    1) approved RIR labor 2002
    2) approved perm labor 2005
    3) approved i-140 2006 (PD 2005)
    4) ALL of above for company-A. 2006 company-B took over.

    My lawyer said i cannot file and have to start again with new labor as merger/acquistion was 'asset only' type.

    I want to self-file i-485 giving the company "name change" letter as the only proof along with the rest of regular documents. Company-B employer is in 100% support of my application.

    SHOULD I just waste $$$$ money or take a chance ? PLEASE HELP...TIRED OF WAITING FOR LAST 5 years :(

    Regards,
    -Ravi
    I was wondering if you file for perm with company B and then at the time of 140 try to get the 2002 date of the RIR which is approved,if that can happen then you may be fine.I can be wrong in this.





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  • gchopes
    11-05 07:37 PM
    What happens if primary 485 gets approved and spouse 485 not filed due to PD not being current or the primary missed the short time given to file spouse 485?





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  • caond
    05-07 05:41 AM
    I am holding J-1 student visa (academic training) from 8/2007 and will be expired on 7/31/2010, sponsor by U of Colorado. I am working as a postdoc for a project funded by NIH until 2013 at VCU. My advisor want to change my visa category from J-1 student to J-1 scholar, sponsor by VCU, to continue the project.

    According to an international advisor at VCU where I am applying J-1 scholar, I cannot change from J-1 student to J-1 scholar due to 12-month bar:

    [Time spent in the United States in any J status (including J-2 status) during the 12-month period preceding the prospective professor or research scholar's program begin date may affect the alien's eligibility for participation as a Professor or Research Scholar.

    22 C.F.R. � 62.20(d)(2) establishes what is referred to as the "12-month bar." The general proposition of the 12-month bar is that an alien is not eligible to begin an exchange program as a Professor or Research Scholar based on a DS-2019 issued "to begin a new program" if he or she was physically present in any J status (including J-2 status) for "all or part of" the "twelve month period immediately preceding the date of program commencement set forth on his or her Form DS-2019." ]

    But according to an international advisor at University of Colorado (my current sponsor for J1 student) that the 12-month bar is not applicable for me due to exception:
    [(A) J-1 transfers. The 12 month bar is not applicable to those who will begin a program by transferring to a new program sponsor under the transfer procedures of 22 C.F.R. � 62.42 ;
    22 C.F.R. � 62.20(d)(2)(i) ]

    Who is right? What should I do? :confused:

    I appreciate any help !!!





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  • vgc
    07-26 10:37 AM
    SA 2428. Mr. CORNYN submitted an amendment intended to be proposed by him to the bill H.R. 2638, making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2008, and for other purposes; which was ordered to lie on the table; as follows:


    At the appropriate place, insert the following:

    SEC. __. EMPLOYMENT-BASED VISAS.

    (a) Recapture of Unused Employment-Based Immigrant Visas.--Section 106(d) of the American Competitiveness in the Twenty-first Century Act of 2000 (Public Law 106-313; 8 U.S.C. 1153 note) is amended--

    (1) in paragraph (1)--

    (A) by inserting ``1994, 1996, 1997, 1998,'' after ``available in fiscal year'';

    (B) by striking ``or 2004'' and inserting ``2004, or 2006''; and

    (C) by striking ``be available'' and all that follows and inserting the following: ``be available only to--

    ``(A) employment-based immigrants under paragraphs (1), (2), and (3) of section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b));

    ``(B) the family members accompanying or following to join such employment-based immigrants under section 203(d) of such Act; and

    ``(C) those immigrant workers who had petitions approved based on Schedule A, Group I under section 656.5 of title 20, Code of Federal Regulations, as promulgated by the Secretary of Labor.''; and

    (2) in paragraph (2)--

    (A) in subparagraph (A), by striking ``1999 through 2004'' and inserting ``1994, 1996 through 1998, 2001 through 2004, and 2006''; and

    (B) in subparagraph (B), by amending clause (ii) to read as follows:

    ``(ii) DISTRIBUTION OF VISAS.--The total number of visas made available under paragraph (1) from unused visas from fiscal years 1994, 1996 through 1998, 2001 through 2004, and 2006 shall be distributed as follows:

    ``(I) The total number of visas made available for immigrant workers who had petitions approved based on Schedule A, Group I under section 656.5 of title 20, Code of Federal Regulations, as promulgated by the Secretary of Labor shall be 61,000.

    ``(II) The visas remaining from the total made available under subclause (I) shall be allocated to employment-based immigrants with approved petitions under paragraph (1), (2), or (3) of section 203(b) of the Immigration and Nationality Act (and their family members accompanying or following to join).''.

    (b) H-1B Visa Availability.--Section 214(g)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)) is amended--

    (1) in clause (vi), by striking ``and'' at the end;

    (2) by redesignating clause (vii) as clause (ix); and

    (3) by inserting after clause (vi) the following:

    [Page: S9966] GPO's PDF ``(vii) 65,000 in each of fiscal years 2004 through 2007;

    ``(viii) 115,000 in fiscal year 2008; and''.



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  • icecreamy
    08-30 01:12 PM
    We got FP notice today (Aug 30) , the appointment date is Sep 14th.

    485 RD - July 2, 2007 (TSC)
    485 ND - Aug 17, 2007

    EAD approved - Aug 23, 2007

    140 LUD - Aug 17, 2007
    485 LUD - Aug 19, 2007





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  • akred
    02-23 10:51 AM
    Here is e.g. for 2002 again this excludes schedule A here is the breakdown for india

    EB1 - 3K
    EB2 - 21K
    EB3 - 17.5K
    EB4 - 0.3K
    EB5 - 0
    EB Total - 41K

    Am I missing something?

    One other factor is in play:

    100,000 visas were recaptured in 2000 under the AC21 act and made available to oversubscribed countries over the years until they ran out in 2005.



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  • alterego
    10-09 05:57 AM
    Another example of how this issue has now so clearly become a political hot potato in this country.





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  • rcr_bulk
    08-28 05:45 PM
    For different initiatives. Did you see my join date? I joined in the first month when it is founded. Not a big deal...I am not even sure why i have to prove and tell these stories....last post....
    At last , now you found right the thing to do.



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  • DDLMODES
    07-18 10:01 PM
    Concurrent Filing was introduced in 2003 .PERM came into picture after march 2003. So you are right, u can file concurrrently whether u r PERM or old Labor.
    The only issue in this case is that he is substituting labor so he cant use premium processing other than that he could have applied 140.485 concurrently.

    Thanks for clarifying milind70.
    Abhijip - We all want to help here but please don't provide confusing info.

    As for the original poster, he can still apply for AOS if he gets the receipt. I got mine from TSC on July 13 and they got the I140 on July 6. It wasn't labor subst though.
    Hang in there another week. Can you verify if they cashed the check ?? They print the receipt# on the back.





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  • logiclife
    01-31 10:51 AM
    Go to websites such as ZAZONA.com and numbersusa.com and check out their arguments that they use to oppose H1b and EB-greencards. You are saying the same thing and feeding into those arguments by using the word "Slavery".

    And by the way, regarding public opinion, remember that immigration(legal or illegal) is issue number 5 or 6 after economy, healthcare, Iraq, security, deficits etc. etc.

    Public opinion is not going to care about 350,000 H1bs in line for GC. But still, getting overall media attention is good for our cause and I urge you to write letters to the editors of NYT, LA times, Time mag, Newsweek. etc etc. like you suggested. But there is not POINT IN BEING RHETORICAL or SARCASTIC.

    --logiclife.



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  • insbaby
    09-22 10:15 AM
    I was in a consulting field with employer taking 30% and me getting 70%.

    He supposed to deduct $400 for medical insurance from my paycheck -biweekly, instead deduction was only $200. I never knew that.

    My question is why not he acted immediately after knowing the error?
    Why should I pay for somebody's mistake?


    Things getting more critcal, since this is on your medical insurance. In small companies employer takes responsibility for employee only not for his family. You sign papers for your family if you want to go with the employer so you agree to pay $SSS towards the insurance, also you agree that it would be taken from your pay every month or every two weeks.

    If they did not dedect the right amount, it may not be his responsibility, of course it is a account management mistake happens everywhere in small companies, sometimes insurance companies do this and collect from you after that.

    If the amount he paid extra is in your SALARY PART, then your arguments are correct. It is his responsibility to make sure how much he should pay you.

    You have to check with experts, whether this additional benefits are employer's responsibility.

    As one suggested above, if your salary is almost equval or less than the amount, you can think of just leave it.

    All you are missing is just two pay checks (1 month), it won't make much difference in your H1 transfer, assuming you have applied your H1 transfer earlier and you have already sent your pay checks to prove your employment.

    Just go with a decision that benefits you without much trouble.





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  • rbalaji5
    07-25 03:09 PM
    There is a problem with my wife's date of birth certificate. The brith certificate holds the original date of birth (May 1973) where as the all other ceritificates like school records, passports is having different date of birth (Dec 1973) (usually in India we used to change the date of birth to get into the kindergarden with some early date of birth). I am unable to get the Non-availability certificate as the original birth certificate already exists. Correcting the date of birth all the certificates and passports is not possible and it may took a long time as we need to go through court.

    I am planning to submit the affidavits from parents alongwith the other certificates like 10th Mark sheets, etc., Pls advise - Is it ok?.

    Otherwise I can submit the original brith certificate alongwith affidavits from parents and relatives saying that the date of birth is mistakenly registered.

    Please help.



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  • immi_enthu
    09-28 06:01 PM
    i am in the same boat. receipt notice says Jul5 25 .. online september 15 ( I guess it is notice date)

    when did your application reach USCIS. yes the online date is Notice Date.





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  • unit
    09-16 03:57 PM
    I am also in a similar situation, and have the same question.
    Any one with answers?



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  • prioritydate
    08-14 01:04 PM
    the op modified his post.. his post ended with the question "am i missing something here?" and i replied to that as yes you are.. as to what he/she is missing is anyone's guess. maybe some common sense?

    how would uscis have the ability to decode between a direct hire and a non direct hire application?

    abc corporation is abc corporation. what OP was implying was that employees at companies with well established brand names would get it faster. but there are thousands of legitimate companies in various fields other than software that have 0 brand recognition outside their industry.


    I don't appreciate your comments. How come common sense come into this picture when I said I may be wrong!





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  • zofa30
    09-13 02:16 PM
    Hi,
    I am on Eb-2+PERM and get my PERM and wait for I-140 to be approved (by premium processing). I have 2 questions:

    1-If I my I-140 is approved but even though the PD (or visa number) is not available. If I left to a new employer can I port my PD when they then become available or if my employer revoke my I-140 I will also lose the chance or porting the PD to my new GC application (PERM + I-140) with the new employer?

    2- How much time I could save by porting my PD? does it depend on country of origin?
    Thanks.



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  • sbmallik
    09-13 02:44 PM
    The Priority Date portability fails only if the approved I-140 was determined to be fraudulent. Otherwise, even if it is revoked, you are good.

    Yes, the new employer has to re-start your GC process, so that you can port the older PD to the new application. So, not much time can be gained ...

    Other option is to change job after I-485 application is pending for 6 months, but this involves sticking to the current employer for longer time. The advantage is the new employer needn't re-start the process - just invoke AC21 clause and proceed. Exact time requirement depends on your priority date and country of changeability.





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  • MatsP
    November 9th, 2004, 09:41 AM
    Sorry to hear about your problem with the D70...

    I don't know anything in detail about D70, as I'm a Canon man myself...

    But some general thoughts and ideas:
    1. From the behaviour, I would think that something has gone wrong with either the RAM or the ROM(flash) in the camera. This would cause a similar thing to a "Blue Screen of Death" that you get on a PC sometimes when something has gone wrong somewher. In a machine like a digital camera, the most sensible thing to do to try to recover is to "reboot", or put another way, reset the camera.

    2. It is possible that it's just a "transient problem". Have you tried removing the battery for a longer period of time (at least half an hour), and also, if there is a small battery for keeping the time when changing batteries etc. (don't know if the D70 has one, the Canon ones does), you may want to remove that too to be sure that the camera is "properly powered off". This may of course reset some of your personal settings and definitely should reset the time/date in the camera, but I'm sure you can live with that.

    3. It may be possible to "reprogram the flash" using the standard procedure for updating the firmware in the camera. *** I would only do this as a "last ditch attempt" ***. I don't know how this is done, but I'm pretty sure there is a way to load a new set of firmware onto the camera some way. But if it's the RAM that is broken, this may cause the firmware update to fail and that may cause even worse scenario than what you've got, so I would only do that if you think that "Things can't get much worse". This is akin to a PC being re-installed from scratch. Like the PC case, it doesn't actually help much if the actual cause of the problem isn't the software/firmware itself. Don't blame ME if this doesn't help, and it makes things worse!

    I hope some of this is of help, if nothing else, to understand what the problem is.

    If it really is the RAM that is busted, it's probably going to be fairly expensive, as I don't expect the repairer will replace the individual parts, but rather just swap the whole PCB, which means "all the guts of the camera".

    If, on the other hand, it's just the flash that's gone crazy, then it's most likely just a question of "factory programming it", which would be a relatively trivial operation, and shouldn't cost much to fix.

    --
    Mats





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  • Sage_of_Fire
    01-02 09:56 PM
    Sure, feel free to. As long as it is something that you did (no 3rd party code, etc.), then it is all good.

    :)
    Okay, there's my answer. Nice two-birds-one-stone answer, Kirupa!





    webm
    04-08 11:54 AM
    webm: what is the status of your application ( 485), is your NC, SC or fingurprints all clear. Did you speak to any IO about any update on your case as your PD is current ( 01 Oct).

    No i didn't speak to any IO..but FP cleared means the one we go for fingure printing isn't it??

    My PD is not current yet..just missed with one day lag..

    Cutoff date Oct'01 means they can/will only process apps whose PD's falls On/before Sep31st..





    gcpool
    08-30 01:48 PM
    The USCIS looks at the EAD eligibility option. And that option is there as I-485 applicant. (also this is a must field on the EAD application online where as the visa status is not)

    But on the current visa status there is no option saying that you are an adjustee and so the CS person (She was not sure) said that visa status considered is the last applied visa status. So if you were on H1B its better to put H1B. I also saw this on a website somewhere.



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