Sunday, June 12, 2011

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  • IfYouSeekAmy
    05-17 10:14 AM
    I used David Cohen at

    Canada Immigration - Information on Immigration to Canada (http://www.canadavisa.com/)




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  • bfadlia
    03-17 02:15 PM
    I am in same situation and had a meeting with my attorney to get more information, according to his experience with all his cases to date, he said there is 70 - 30 ratio, 70% have recieved rfe and 30% got approved without rfe. And after july fiasco he said it's better to wait for rfe and respond rather then ammending 485 application, now that's another question that my attorney will easily make it to top 10 list of all time worst attorneys. So I am looking for second opinion too.

    actually that was my attorney's advice too. so u might just be pranoid about ur attorney hate_me :)
    i am now of the opinion of doing the remaining parts and holding on to them to be ready whenever they send the RFEs.. no point trying to save some money and risk wasting a window of action when temporarily becoming current.




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  • easygoer
    05-15 11:31 AM
    sr225,

    Your experience obtained should be prior to filing of labor and should be for atleast five years. Then it is okay for you to go for EB2




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  • geogeo
    11-20 08:52 PM
    my lawyer just wrote me they filed EB2 for me and told me this means my case will be audited because 'job requirements are not normal' according to DOL :(
    That is, my employer is asking for a master's degree for the position and that they should not be asking for master's, but I was assured it would not be difficult to justify that the position requires master's. And this stupid process will take about 2 years on average. I want to screem



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  • indyanguy
    08-07 09:31 AM
    Please

    Well, if the employee's qualifications and experience are a match to an approved labor application, why would it not be considered genuine? I understand you being paranoid about LC subs because of the fraud that was involved. To generalize this is however not appropriate.




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  • daramesh
    10-07 12:49 PM
    there are two things about visa one is stamp and other is status. if you maintained the same status in USA as you are going for stamping you will answer yes.

    eg. you had a H1 stamp that expired in 2006 but you had extended that status and only now getting it stamped then you will answer yes.

    but if you had a prev stamp of F1 and then changed to H1 and going for H1 stamping then you will answer no.


    For H4 are they asking sepeartely, because you will answer yes in your case and then add yoor daughter to your appointment.

    You are only answering for yourself when you say yes, i dont think there is any misrepresentation involved.


    waitintoolong, but the question is
    " "Are you applying for same visa class that expired in the last 12 months?"

    he is talking about VISA STAMP not the status. are you sure about answering YES if my visa stamp had expired more than 12 months back but my status is valid?

    my visa stamp expired in 2005 itself. I extended my status till 2008. so my answer is should be NO right? (although I wish I could say YES, because first time H1 applicants are having difficulty getting appointments)

    can you or someone else confirm the answer? has anyone asked VFS/consulate about this?

    thanks



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  • Bobby Digital
    May 19th, 2005, 09:24 AM
    J. is right. Manual focus and exposure bracketing are what you need to do. I have a D70 and have learned quite a lot with it, as you will. I take a meter reading in the auto mode and then switch to manual mode enter in the same settings and adjust as needed. Usually with a smaller aperture (larger number).

    Hope this helps.




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  • Vsach
    05-16 09:00 AM
    Its simple, do it online!! Save money....we did it 5 yrs ago.



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  • skv
    06-21 03:06 PM
    Yes pretty much looks OK but I wont be comfortable if this is format your parents will use. For close relative this format is fine.

    For parents I am not comfortable with the statement "and that________father�s name) is his/her father and _____________ (mother�s name) is his/her mother."

    So just dig a little and there were members who have posted the sample for parents and close relative.

    Go to this link for format http://immigrationvoice.org/forum/showthread.php?t=5036&page=7


    Affidavit does not have a unique format identified by INS, hence different attorneys may have different layouts.




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  • prioritydate
    08-19 05:40 PM
    Hi Friends,
    My PD is Mar, 2005 filed under EB2. Me & My wife got an RFE asking status for a particular period [like May 01, xxxx to Feb xxxx]. These dates exactly fall under just one month before graduation to OPT expiration.

    For my case �.. no issues providing evidence and everything is straight forward.

    But for my wife �.we have some issue (I think)

    USCIS wants her status from May 01, 2003 to Mar 01 2006.

    She graduated on May 23, 2003. She used 60 days grace period before applying for EAD.

    OPT from July 31, 2003 to July 30, 2004 [exactly one year and was looking for job�didn't find one]

    We filed H1B in April, 2004 so that she can start working from Oct, 2004 [H1B approved for Oct 2004 to Sep 2007 ..extension approved too�]

    But No status from July 31, 2004 to Sep 30, 2004 [USCIS issued a gap relief for all the F1 students like this]�.

    What are odds that her case might we rejected�any opinions here.

    Thanks,
    Jingi


    Di you submit all F1, H1, EAD documents to the USCIS with your original I0485 submission? Did you send any W2 forms?



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  • gc_relief
    04-27 03:24 PM
    I have updated my profile..




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  • sammyb
    10-05 04:28 PM
    Sorry for opening a new thread, Please point me to the thread if this issue is already addressed in some other thread and delete this thread.

    I filed my I-485 in July, Still waiting for receipts, Now my company got acquired by another company. My questions are-

    Any actions required from my side? What will happen to my I-485 which is already filed, Do I need to re-file with new company?
    If I get EAD in next few weeks can I use that EAD after 6 months of filing I485?

    Thanks


    I had the same situation when before I apply my GC my company was taken over by my current employer ... there is something called 'successor of interest' .... as I understand the new company will take over ownership of any H1/GC etc that you have with your previous employer ...

    this is just my thoughts .. better you get it verified by your lawer ...



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  • saxx
    01-26 05:05 AM
    Perlin circles man, that's great.




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  • JazzByTheBay
    09-07 03:36 PM
    Here are 5 of the more frequently asked questions, and answers to those by ImmigrationVoice. Note, these also appear on immigration attorney Sheela Murthy's web site (http://www.murthy.com/bulletin.html).

    Question 1. What is First Amendment? Does it apply to me? I'm on H-1 / H-4 / EAD / and have applied for I-485, etc.
    Constitutional rights of an individual are applicable to everyone, including foreign nationals.

    Question 2. Will I get arrested and/or deported for participating in the rally?
    No, participating in rally with proper permits from city police and other authorities is legal. You cannot be arrested or deported for simply participating in the rally.

    Question 3. Will participation in the rally negatively impact my current non-immigrant status or future green card application?
    No, exercising your civil rights does not impact your non-immigrant status or future green card application. There are certain procedures and processes for rejecting or denying petitions and applications, it is not done on whims and moods of agencies or USCIS employees. There is a process driven by federal regulations and rejections and denials are backed up by reasons described in federal regulations and the laws. Participating in rallies, meeting with your lawmakers, exercising your civic duties, and enjoying your civil rights granted by the Constitution are not grounds for denial or rejection of petitions and applications or any other adverse action on immigration petition or application.

    Question 4. Can my employer take action against me for participating in the rally? Do we have any obligation to inform my employer if I participate by taking a day off?
    No, an employer cannot simply take action against you for having exercised your Constitutional right granted by the first amendment. Whether you inform your employer about your plans for your vacation or day off is up to you and your relationship with your employer. Usually employers do not care what their employee do with their time off from work, as long as those activities are legal.

    Question 5. What kind of identification do I need to carry? Will my driver's license be enough?
    Yes. Your driver's license or a state-issued identification card is enough for ID purposes.



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  • hoosier07
    07-18 02:59 PM
    Hello guys,

    First of all thank you very much for your answers in advance.

    I am currently on H1-B (valid till 2010) and recently applied for PERM LC. I work for a non-profit organization and the category is EB-2. Nationality: Turkey.

    I was planning to go for my GC but my plans have recently changed. I am planning to get married in 2009 Summer (earlier is not possible). I have done my research and found out that if I receive my GC before I get married, it will be very difficult to get my spouse here.

    I am expecting to get the LC in about 4 months. Then, most probably I can file I-140 and I-485 concurrently as the visa numbers will be available for my case. However, I am not planning to do it anymore due to the reasons mentioned above.

    So, here are my questions:

    Now, the new rule tells that LC certification must be used within 180 days. So, can I just file I-140 while single and even though my visa numbers are current for I-485 (Can I seperate I-140 and I-485 and save I-1485 for after marriage - Summer 2009). Does it matter for the purposes of I-140, if I am single - and then add my spouse to I-485 in the US (She will be on H-4 with me here)?

    I am not planning to change my job. So, would my I-140 have an expiration date?

    Do you have any other suggestions? Thank you!




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  • kcindian
    08-03 08:13 PM
    Hi,

    My EAD expires October 21 2008. I had applied for EAD and AP renewal July 1 and got my LIN numbers by July 7th. The official dates on the USCIS websites are for July 7th. I have not gotten my FP notices yet.

    Can anybody tell me based on experience, how long is it taking for NSC to approve renewal cases?

    My PD is July 2003 - EB3.

    KC Indian



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  • Ann Ruben
    07-23 11:37 PM
    The AC21 determination of whether a new job is in "the same or similar occupation" is made based on a comparison of the new job duties and those set forth on the original labor certification application. Job titles are not controlling. So, you need to have a copy of your original LC application and then compare the job description it contains to the duties of the new position.

    USCIS has not provide much guidance on what will or will not qualify as the "same or similar" occupational classification. What little guidance exists comes from a 2005 memo to Service Centers from Michael Aytes:


    "Question 3. What is “same or similar” occupational classification for purposes of I-140 portability?
    Answer: When making a determination if the new employment is the “same or similar” occupational classification in comparison to the employment in the initial I-140, adjudicators should consider the following factors:
    A. Description of the job duties contained in the ETA 750A or the initial I-140 and the job duties of the new employment to determine if they are the “same or similar” occupational classification.
    B. The DOT code and/or SOC code assigned to the initial I-140 employment for petitions that have a certified ETA 750A or consider what DOT and/or SOC code is appropriate for the position for an initial I-140 that did not require a certified ETA 750A. Then consider the DOT code and/or SOC code, whichever is appropriate for the new position to make a determination of “same or similar” occupational classification.
    C. A substantial discrepancy between the previous and the new wage. (See Question 5 of this section for further clarification).


    Question 5. Should service centers or district officers use a difference in the wage offered on the approved labor certification and initial I-140, and the new employment as basis for denial in adjustment portability cases?
    Answer: No. As noted above the relevant inquiry is if the new position is the same or similar occupational classification to the alien’s I-140 employment. A difference in the wage offered on the approved labor certification, initial I-140 and the new employment cannot be used as a basis of a denial. However, a substantial discrepancy between the previous and the new wage may be taken into consideration as a factor in determining if the new employment is 'same or similar.'"


    The bottom line is that in order to establish that your new position is in the same or similar occupational classification, you must first compare the specific job duties described in the original application for labor certification to the specific job duties of the new position. Nothing from USCIS specifically addresses what percentage of identical job duties would be required, but the closer to 100% the better. Job titles do not matter, job duties do. Next, you need to find the DOT USDOL/Office of Administrative Law Judges Home Page and/or SOC Standard Occupational Classification (SOC) System codes written on your original LC/I-140 and compare the occupational descriptions for those codes to the job duties of your new position. USCIS has never indicated what percentage of identical/similar job duties will suffice in either of the comparisons. Most likely it must be more than 50%, and the closer to 100% the better. Finally, a substantial difference in salary is not determinative, but, in a close case may lead to a denial. To combat this, reference can be made to the DOL's Online Wage Library FLCDataCenter.com current wage survey for the occupation. If the new salary is within the range indicated for the original SOC occupation, you can make a strong argument that the increase is due to the passage of time and not to a change in occupational classification.




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  • gcnotfiledyet
    09-02 03:49 PM
    Just chill its just shoplifting, its not like you killed somebody. Its not a crime for which there is no way of repenting. If court found you not guilty and you have done whatever punishment, then I don't see why should have to arms length to hide it.

    Don't commit another crime by hiding it. Be confident and accept your mistake. Show some remorse. Just have all your papers in line. One of guys I know has some amazing history which will put your shoplifting to shame. He got his GC and living his life in peace. Just don't hide infront of officials. Also don't flaunt it around.

    PS: Out of curiosity where was it that you were trying to shoplift?




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  • Toxic'
    May 20th, 2005, 11:59 PM
    Well I seem to have run into more confusion...

    I've updated the firmware to 2.0 and I'm not sure if its changed the menu in the D70 or not but I was looking up the "exposure bracketing" that you suggested and on page 88 of the manual it shows (in the top image) the "Menu" opened with the (i believe its the Details tab, it has the small pencil), and then it shows the "12 BKT Set" titled at the top... followed by the Flash & Exposure settings below it... My menu doesn't show any of these... infact alot of my menu looks different than the manual since the update, which if I'm not mistaken was one of the updates within the firmware. Only now I don't know where to find what the manual shows.


    Toxic'




    gcspace
    08-13 07:58 AM
    I don't know the exact time my application reached on July 2nd.
    I havn't yet received my receipts nor checks cashed.
    Guess we just need to wait and wait..




    caydee
    03-07 11:53 AM
    This is not a big issue. Find out from local hospitals how much they charge for all delivery options and sign a contract with a hospital most convenient to you. They normally would accept monthly payments through the child birth. Also discuss post-birth mother and child health checks and shots. I would first look for an University Hospital in the area.

    Hi,

    My sister in law will come to US using H4 visa, the problem is the health insurance does not want to cover her pregnancy since the pregnancy is already 6 months.

    Any idea how to get insurance for her ?

    Really appreciate your help ..

    Regards.



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