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  • rjgleason
    October 26th, 2004, 05:30 AM
    No.3 and 4 are my favorites.....but No. 4 is the one I wud choose as best. I like the touch of green and the sky is superb. Horizon Line is straight on. The pic is sharp all around, but what really catches me when I first viewed the picture is the "bolt" in the fence.

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  • gc_chahiye
    09-20 05:55 PM
    The best thing for them to do or what they should have done is after 140 approval, they should accept 485 and process and keep it ready for date to become current. When current , they should mail the GC that month.

    I dont understand the reason of why they want to accept when current only ?

    because the law says so:

    From the Immigration and Nationality Act's Section 245(a):

    (a)--Status as Person Admitted for Permanent Residence on Application and Eligibility for Immigrant Status

    The status of an alien who was inspected and admitted or paroled into the United States or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if (1) the alien makes an application for such adjustment, (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and (3) an immigrant visa is immediately available to him at the time his application is filed.

    This was also brought up at the time of the July bulletin reversal and in the past was one of teh things that IV was hoping to get changed through legislation.

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  • texanguy
    01-20 02:44 PM
    "recent forum posts" block truncates the subject matter. old site had all of them on one side, they were complete and it really looked good.
    otherwise, the site looks good.

    it is going to be a little hard to get used to this new look. afterall, the old site had a background color which was very unique. That stood it apart from other sites.

    oh well, the CHANGE has finally come to IV's site as well...I for one, am planning to embrace it :cool:

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  • raysaikat
    07-10 08:50 PM

    I currently hold H1b visa (cap quota), i have an offer from a non profit organization and they are willing to sponsor for my H1b (non cap as this is from a non profit org). I'd like to know will there be any problem if in future i plan to move to a company that will sponsor h1b (cap). How difficult is to transfer from non cap h1 to cap h1?
    There is nothing called "transfer". Every time the employer makes a new H1-B petition on behalf of the employee. There is no extra difficulty when you plan to move from your current job to another position that is subject to cap. The new employer will simply file a new H1-B petition.

    I read online that if i plan to move from a non-cap h1 to cap h1 in future i have to apply in April under the general quota and wait until Oct to start work again.
    This is not true in all cases (including your case). The rule is that if you have once counted in the last 6 years, then you are not subject to cap again. This however also means that you will only be able to get the remaining years from the 6 years limit. For instance, suppose you were counted the first time 5 years before. Then when you again another H1-B, although you will not be subject to cap, you will be able to remain in H1-B only for 1 year. If you do something to reset your H1-B clock (by staying outside US for 1 year, for example), then you will again be subject to cap.

    Here is the actual language of the law:

    (7) 2/ Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A)shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.

    I highly recommend that you read the 8 CFR from

    What you "heard" is true for a person who never was on H1-B, and starts his/her career in a cap-exempt position. That person, when s/he wants to move to a non-cap-exempt position, will be subject to cap.

    though i can work until the petition is pending.

    I'd really appreciate any advise...



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  • ArkBird
    09-11 09:08 PM
    Has anyone recently used AP to enter the US from San Francisco, CA?

    I would appreciate if you can please share your experience and the documents you carried (showed) at the POE.


    I entered USA from SFO on Aug 15 with AP. No questions asked. They only asked for AP and advised me to renew it as the current AP is expiring in December.


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  • kaisersose
    01-02 02:03 PM
    All set..I will changing job after 180 days from Next week, I will change my immigration lawyer from my employers
    Ist Question
    I am thinking of Murthyas as lawyer. Her fee of taking over pending $ 2100, Can anybody suggest any other lawyer and there Fee's etc and all.
    I will really appreciate the help.

    IInd Question:

    For Filing AC21 , do I need letter from the my future employer that job profile matches. My Job Title Matches my Labor Certification Title It was Software Enggineer Now it is Senior Software Engineering, But As I am in IT my old labor certification says about some old Oracle Technology but new job is J2EE and Also my Labor Certification talks about Financial Business Area but New Job is HealthCare Sector.Common thing are Both Says Design and Development of Software application.. Is it OK ?

    You do not have to inform USCIS about your move. If you want to inform them anyway, then do it yourself unless there are complications in your case and save yourself some money. It is just a letter and it can be in any format you want.

    As for the Job match - the titles do not have to match, the technologies do not have to match; but your roles and responsbilities should be similar. The closer the match, the safer because though USCIS may be lienient today in their interpretation of "same or similar", it is subject to change anytime.

    There is the strong possiblity that some people will move on to manager roles from technical roles and yet try to claim AC21 which can push USCIS to tighten the screws. It is better to be catious than regret later.


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  • validIV
    03-24 12:51 PM
    Technically if you lose employment in H-1 you are out of status, although there is an informal grace period that everyone here interprets differently.

    How long have you been unemployed?

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  • gc_chahiye
    07-22 11:47 AM
    Generally just filing an H1 extension is orthogonal to filng I-485. However in your case it looks like your I-94 has expired, so to prove your status your lawyer needs to include a copy of your H1 extension receipt


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  • ilikekilo
    07-18 10:43 AM

    with all due respect, I really doubt if this is the bet way to get people to donate. Calling people cheap is not a nice thing and generally not recommended.

    I know your intentions are good and ...

    interpret nepa's message as people who did not contribute at all but yet expect a lot or whatever from IV can be categorized as cheap...

    lets help ourselves...

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  • Googler
    07-18 08:31 PM
    Clockwork and others please note that the pdf version of the Standard Operating Procedure is from 9/28/01 -- a lot has changed since.


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  • eb3_nepa
    03-16 12:30 PM
    Eb3_nepa, read my post closely; read the report as well, and then post again.

    I said frivolous filing of I485, nothing to do with priority date not being current. If the priority date is not current then you are not going to get EAD. Let me give you an example. You could make up a job description that got through labor cert, but for which you don't have the qualifications for. You can concurrent file I140/I485 and get EAD even though your application has no chance of passing. If your lawyer is OK with it - after all, why do they care as long as they get the fee - you have just wasted USCIS' time.

    I am confused stucklabor. I thought that labor decided ur job qualifications etc. I mean when i applied for my I-140 (i did not file concurrently btw). I was asked more info regarding my company and all of the company documents. I wasnt being sarcastic or anything i am just trying to understand what is going on.

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  • GCeffect
    02-09 05:22 AM
    Last week i received a RFE against my I485 application. My PD is not current yet. I''m kind of confused about the RFE. I need some help from you guys...

    Check out the RFE letter comment at the following:
    """""USCIS records indicate that you began your employment with compnay A in October 2005. However, the record indicates that the i-129, H1b, granting your authorization to work for company A was not filed until aug, 2006. Submit documentatary evidence that you were authorized to work for compnay A when you began your employment in Oct 2005.""""

    Now let me explain my situation.
    I had my first H1b from compnay B, for three years (oct 2002 to oct 2005). Then I started my renewed my H1b under another company C. (oct/2005 to oct 2008). Then i received my PERM labor from another company A (the company they USCIS mentioned in their RFE). Both the company C and compnay A was owned by one person. So even i was working with the company C, my payroll was under Company A. Right after I received my labor certificate from Compnay A, my lawyer suggested my transfer my H1b from Compnay C to company A. Then i received my h1b approval for compnay A in Jan 2007 to october 2008. In 0ctober 2008 i renewed my h1b from compnay A again for one year. But in november compnay A terminted me and withdraw my H1b. I got a new job and moved to a new compnay in december 2008. Everything is normal after that until i received the RFE. I have to get back to USCIS in by the end of this month with the evidence. I has the legal status all the time i worked for all those companies.

    PLease let me know what you guys think about the whole situation.

    Thanks ahead about your concern ......

    EB3 (ROW)..PD May 2006


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  • suriajay12
    11-02 05:38 PM
    Dear President Elect _______

    Congratulations sir, on your election to the Presidency of the United States of America. It has truly been inspirational for me to follow your campaign.

    As a legal immigrant to this country, my one regret this season is that after nearly 10 yrs in this country, I was unable to participate in this process by actually voting. In fact, I am yet to be the beneficiary of a green card. I am caught up in the quagmire that is our legal immigration system. Yet, I understand fully that this does not represent the spirit of America, so I keep hoping.

    I have been waiting patiently for many years and following all the rules set forth. Though there are many pressing issues to be dealt with, I hope that you would make the issue of addressing legal immigration reform and transparency, one of your administration's early priorities. As you are aware this issue is also critically linked to economic competitiveness and global economic leadership. I feel certain that your bi-partisan leadership can accomplish sensible reform quickly.


    My expression wouldnt have come closer to that of yours. Good.
    I would also add something related to buying houses. Thats where the market needs some money to be pumped in ,thats where there are many job losses.
    "Unable to vote" is a good point you brought up. Most of us probably didnt mention that,. I am sorry if wrong.
    Lets together start writing to the new president who I am sure will be very energetic and taking quicker actions in the right direction.
    And do not forget to write to the media.


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  • abandookwala63
    03-19 01:16 PM
    I am working for company A for the past 8 years. they are closing down. I have got EAD and another job offer in the same category. My lawyer told me to transfer the H1 on the new employee. I told him about 6 years cap.(In case something goes wrong with my AOS i cannot stay as my 6 years on H1 are over). He told me that still i can have my 1 year extensions, does not matter even my 6 years are over. On IV people are discussing that once your 6 years cap is over and AOS is denied you cannot get extensions. Can somebody please clear up my situation. Thanks


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  • gc28262
    11-05 11:25 AM

    I am starting this thread to track I-485 applications that did not receive receipt notices yet after filing in July-August

    I filed on August 15th
    No receipt notice yet as of Nov, 5, 2007

    Anybody else in similar situation ?

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  • lazycis
    11-29 04:00 PM
    United States Code
    TITLE 8 > CHAPTER 12 > SUBCHAPTER II > � 1154. Procedure for granting immigrant status
    (j) Job flexibility for long delayed applicants for adjustment of status to permanent residence
    A petition under subsection (a)(1)(D) of this section for an individual whose application for adjustment of status pursuant to section 1255 of this title has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed.

    So the 180 days count starts from the I-485 RD. Not even notice date.


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  • StuckInTheMuck
    05-04 04:49 PM
    ur title made me think that USCIS sent u a query (RFE) about your US India flight via frankfurt?

    Just imagining what the details of the RFE could be?
    Interesting thought :) I will share with you (maybe in the "Lighten up" thread) if something witty pops in my head.

    This is regarding status, if GC or CITIZEN there should not be any problem. If its H1B visa, then it should have validity. Means H1B visa should not have expired. I heard this story from my brother in law and in fact travel agents know this and they themselves advice on this. Those with expired H1B visa cannot travel through EUROPE. So my brother in law went to India through middle east.

    Thank you, Rangan, for your input. I guess you are thinking of transit visa. Yes, many European airports require such a visa if H1 folks have an expired stamp on their passports. My travel agent assured me I do not need this visa at FRA (I have GC).

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  • vikaschowdhry
    06-06 07:36 AM
    seahawks you said:
    A passport must me valid at least 6 months is my understanding when I got my H1 renewed.

    Could you please provide me a link to an official website that can confirm this?

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  • Jaime
    09-06 04:49 PM
    I have worked in Europe for 4+ years and i can say that life in US and Europe is the same (cost of living is higher in Europe but social security is better). I was seriously considering a move to UK (despite racism) to gain job/life freedom for me and my family. I have HSMP from UK and got a job offer that paid me better (including 35% raise in cost of living) than current US job with flexibility to change employment, also my wife could take up job any day she wants (unlike H4).

    You are a poster child of the U.S. Reverse Brain Drain. Shame on Congress if the United States loses you and your family!

    12-02 07:06 PM
    I am not sure why it's so hard to understand what I want :)

    1- My wife's h4 visa will expire after 4 years
    2- I already have my h1b extension
    3- What I am saying that if I don't get the stamp in time, I am planning to enter with AP

    Given all the points above, and the fact that I'll be working on H1b status, would this void my wife's h4 visa?

    November 17th, 2004, 08:17 PM
    Bounce flash is a good idea, but you need 1) a powerful flash, and 2) to keep a good distance from the subject. If you get too close, as I painfully learned from a few rolls of slide film shot over recent trips to visit family, the flash goes up to the ceiling, and comes straight down again, leaving eyes in soft but ugly shadow (fortunately, the rest of the photo was well exposed, so I think it can be rescued in PS).

    Flash photography is a lot of complexity for a beginner (I feel like a total newbie at flash, and I think I'm not doing too badly on basic exposure of ambient light with a few years' practice), and even modern ?-TTL flash can screw up if used without the photographer's thought or intervention, though probably not as much as the old-style auto flash that I'm using. Of course, there's an almost foolproof way to do flash - using guide numbers - but who wants to spend ten minutes digging for the calculator to figure out flash exposure for each shot, and then being stuck with one aperture dictated by flash power and subject distance?

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