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  • rjgleason
    June 2nd, 2004, 01:30 PM
    A little update; I was asked to send some of these pictures to Sveriges Ornitologiska F�rening (main ornithological society), and the pics are now on their home page (http://www.sofnet.org) with a short story (http://www.sofnet.org/index.asp?lev=2125&typ=1) . No biggie, they accept user contributions, but flattering just the same. I can now sort of say I've been published! :) Maybe the link to my home page can lead to something (uhh, no pun intended).


    You HAVE been published!!! Congratulations!!! And, I noticed that for all the pics on the home page, yours is ...BY FAR....THE BEST!

    You just moved up a notch (or two) on that mountain you are climbing. Great Anders!




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  • satyachowdary
    06-01 12:10 PM
    My new EB2 140 is approved with new date, so I sent following email to EBupdate.tsc@dhs.gov on 05/18 and my case is approved on 05/25. You don't have to wait until new I-140 is ported with old 140 date, the following email worked for me.

    In the subject line, put : I-485 Multiple I-140s

    Body of the email :

    Dear Sir/Madam
    I request you to kindly approve my pending I 485 case with new approved EB-2 (SRCXXXXXXXXXX) I-140. My I 485 was originally filed with EB-3 (LINXXXXXXXXXX). As per Pearson memo I am eligible to take advantage of priority date from EB3 to EB2.
    Please contact me if you need any other information.

    My case receipt numbers:
    EB-3 : Receipt# LINXXXXXXXXXX with Priority Date XX/XX/2004
    EB-2 : Receipt# SRCXXXXXXXXXX with Priority Date XX/XX/2011
    I-485: Receipt# SRCXXXXXXXXXX

    Primary details:
    First name :
    Last name :
    A# :
    485 receipt number :

    Spouse Details:
    First name :
    Last name :
    A# :
    485 receipt number :

    Thanking you

    Sincerely,
    Name
    Address
    Ph No :
    Email :




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  • uma001
    11-16 04:56 PM
    Hi,

    My educational background is Bachelor of Engginerring in Computer science.

    I came to United states in December 2006. when i came i was having six years of experience.

    My employer applied for my Labor in 2nd week of August 2008. After 2 weeks my attorney asked for a self affidavit having details about my work experience from 2001 till 2006 and also he gave me a format.

    I prepared one affidavit for one employer ( totaly five affidavit for five employers between 2001 to 2006 ). I was team member in First and second Employer, i was a Team Lead in third employer, I was a Project Leader in Fourth and Fifth employer.

    When i prepared the self affidavit i made a mistake, I gave the correct dates, correct designation ( Which is in my offer and reliving letter ) but i kept same responsiblities for all employers.

    I didnot get any issues in my Labor. My Labor got approved in March 2009. Now my employer filed I - 140 in the end of september. Two days back he said that there is a RFE regarding my I - 140 case. THe RFE contains the Below Details.


    "SINCE THE EVIDENCE INDICATES THAT THE BENEFICIARY DOES NOT HOLD AN ADVANCED DEGREE, IT MUST ESTABLISH THAT HIS POST-BACCALAUREATE EXPERIENCE WAS PROGRESSIVE. HOWEVER, HIS SWORN AFFIDAVITS INDICATES THAT WHILE HIS JOB TITLES CHANGED, HIS DUTIES IN 2006 WERE STILL THE SAME AS THEY WERE IN 2001 FOR EMPLOYER 2. PLEASE EXPLAIN HOW HIS EXPERIENCE WAS PROGRESSIVE"

    I explained the suitation to my employer but he is saying there is only 50:50 chance for I-140 to get approved.

    What will happen now ?

    What type of document i should provide to USCIS for this query?

    Will my I - 140 get approved ?

    Thanks & Regards,
    Raj..

    This is the first case I am seeing like this. USCIS decided to scrutinize to maximum extent so that not many H1 guys get green cards




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  • skynet2500
    11-24 12:19 PM
    Gurus, can you please let me know your opinion on my below situation? thanks a lot.



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  • abheja
    08-25 10:47 PM
    Thank you for clarifying snathan. The company will definitely not do anything illegal, in fact it is the legality that is creating challenges. One other question came up today. If a qualified candidates applies for the job (PERM), does the company have to accept the candidate and let me go? All of these questions did not come up while filing EB3 but they are now concerned.




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  • casinoroyale
    08-22 12:01 PM
    I have my own doubts about this matter, same as you. But doesn't your I-797 remains valid till its expiry date? Is there any such rule that if its un-used it will become void or should be cancelled after 6 months?

    In another context, I was told by one of the attornies that when i am with company-A and say its I-797 is valid for 3 years. I work for A for 1 year. Leave A and join B and work there for 1 year. Then leave B and come back to A, then I don't need another I-797 application, i can reuse previously approved still valid I-797 with A.


    I am not 100% sure on this reply ....

    As soon as you use EAD, your H1B status is voided. I have read that if you have worked less then 6 months on EAD then there are chances that you could get back on the same H1.

    Now, once 6 months (180) days have passed, your unused H1 is supposed to get cancelled.

    You may want to check with some good attorney though.

    Sorry, not much help.

    Good luck.
    GCCovet



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  • jigsaw
    02-23 04:49 PM
    I guess it is an approval. In the cases where officer needs an approval from senior officer they issue N-652. That is standard practice.

    Thanks number30

    Any idea how much time do they generally take to decide on N652.
    Thanks again




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  • spaceguy
    11-11 11:24 AM
    My friend has a multiple entry visitor visa for US which is valid till April 2009. However he has to visit in March 2009 and stay till around June 2009.
    Can someone please tell if the immigration officer during port of entry will be able to grant him stay of the usual 6 months on current visa even though it is expiring?
    Or if not, whether he can apply for new visitor visa stamping before expiry of the current one?
    Thanks for your advice

    As far as I know no need of another visa. The expiry date given by the IO at port of entry over rides the earlier expiry date on visa. One of my friends parent got his visa for 6 months. If the IO gives less than 6 months he can apply for extension how ever



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  • checklaw
    07-19 11:31 AM
    Enjoy! :) Only 5 files max allowed. Please follow up the next post.

    Thanks. Very informative too.




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  • dixie
    10-02 02:46 PM
    If you have an approved I-140, you can port the PD as long as your original sponsor does not withdraw his petition. Since your company is being acquired (as opposed to you quitting on your own) it is highly unlikely that your petition will be withdrawn. So as long as you continue doing a similar job as the one for which the LC position was advertised you should be fine.

    Hi All

    Thanks for a great forum. I am EB3 India (PD Dec 02) with 140 approved June this year. Rumor has it that the small firm I work for, is going to be acquired by a much larger firm with thousands of employees globally. I am concerned about my ongoing GC process. First question

    Q1. What happens to my GC process?

    Considering the behemoth like size of the company that is going to acquire us I am quite sure that the GC process of the few employees from my present employer will take a back seat.

    Q2. What are the things I can do proactively.

    I have read on various threads that it is possible to join other employers and port the PD to them. But considering the fact that company that started the GC process is no longer there, how would this porting of PD with new labor, 140 etc would occur...

    I would appreciate if someone can provide answers to my questions. Thanks for taking the time to read this.



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  • PD_Dec2002
    07-10 12:15 PM
    Even one of your reputed member (Rajiv Khanna @ immigration.com) posted in his website that chance of winning the law suit is very minimum.

    He posted in his website as follows: "Please note folks, I don�t think this class will be easily approved by courts. CIS could argue a lot of things against it, which I don�t wish to publish in an open forum."


    Corrections.

    1. RK is no longer a member of AILA.

    2. Also, in this specific quote, RK is not talking about the outcome of the law suit. He's only talking about the chance of the court accepting the defined "class".

    On a separate note, RK has mentioned on several occasions, winning the lawsuit is a long shot. You can even hear his recorded conference call from last week.

    Thanks,
    Jayant




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  • thomachan72
    11-30 12:10 PM
    I have a passport expiry and new visa stamping conflict. My last visa stamping expired on Oct 01, 2009. And my current (Indian)passport expiration date is July 04, 2011. Also, my H1b approval is under the transfer process (so I don't have the new I-797 as yet). I'm planning to travel to India sometime in January, expecting the new H1b approval soon now.

    Should i get my passport renewed here before leaving for India ? I believe you can renew one year in advance of pasport expiry date either here or in IndiaI'm worried if they will give me a new passport valid only for a year as a note on the website says "A passport is also issued for one year in cases of expiry of valid U.S. residence visa. In such cases, applicants have to apply for extension of validity as soon as valid U.S. Residence visa is approved. There is no fee for extension of validity of passport."

    Since my last visa stamping has expired and I will soon have a new H1B, if i go for a new visa stamping, will I be given a visa with validity until my passport expiry ? Or, I can get my passport renewed in India and then go for the stamping? you will be given visa for the duration you are eligible for and not based on the pasport expiry date, however, when renetering your I-94 could be limited to the pasport expiry date even though visa is of longer duration. So ideally you would get pasport extended here and then go for the stampingI'm afraid I may not have enough days to squeeze in both when I visit. Or, if i get my passport renewed here, are they going to give me a new passport only valid for a year since I don't have any valid visa stamping but a valid I797? Dont understand why you would be given a one year passport?? Never heard about that but others might help out with that information
    Please advise.
    Thank you.

    Best



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  • leoindiano
    03-25 01:55 PM
    my and my current visa status
    I140 application was approved on may 2008 and the reciept no linxxxxxxxxxxxx

    Please remove the number




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  • rajuseattle
    08-14 05:31 PM
    raminmd,

    dont worry your attorney knows the process of contacting Service centre folks in these type of situation where USCIS erroneously rejected your wife's I-485 petition.

    He will know thro' his AILA liason the appropriate procedure to get hold of USCIS and correct this situation.

    Your wife wont be out of status, since she entered on H-4 dependent status, once her I-485 gets in processing queue she will be in AoS pending status and that will let her stay in this country until USCIS gets her GC.

    Make sure her application somehow gets to USCIS AoS adjudication unit and you receive the USCIS receipt notice establishing her Priority date similar to yours on the I-485 receipt notice. you can apply for her EAD and AP so that she can work and travel outside of US using her AP.


    Hope this helps you.



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  • rp0lol
    04-13 01:29 PM
    Congratulations.. Keep supporing IV in future.




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  • whiteStallion
    06-18 06:28 PM
    No one ever has gone to court over a Noncompete agreement issue. No one will.
    Most things in Business run on 'the word', and a non-compete is one of them.
    ...


    Completely wrong ! In IT, there have been lot of lawsuits over non-compete agreements... the last and famous one being between Microsoft and Google over a high level Microsoft employee leaving them and joining Google...

    I personally know a few people who have paid back in excess of 20k to their ex-employer, because they chose to ignore the non-compete agreement which they signed earlier and joined the end-client directly and got sued...

    Pady, in your case the major issue can come from your employer as he is losing out on this deal... He can sue you due to loss of revenue, if you had signed any employment agreement with him, which has a non-compete clause i.e. prohibiting you to work for any competing vendor or client... Review your employment agreement, if you have one.



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  • vin13
    12-08 05:00 PM
    Just out of curiosity how is it that you got an approval in Sep 09 with your priority date?




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  • gatec77
    08-13 12:27 AM
    English translation please.:D

    This means clouds are flooded with GC's and they are dropping to earth drop by drop.




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  • palemguy
    08-21 11:01 AM
    PD : April 2004
    RD : July 3, 2007
    140 was approved




    bidhanc
    10-17 01:35 PM
    Hi,
    Not sure abt Charlotte office, but out here in Albany, NY the DHS (Dept of Homeland Security) office entertains walk-ins on Wednesdays.
    Yes, they pre-poned my Wife's FP and I walked in 5 days after my actual FP date (I was out of Town).




    msyedy
    02-05 02:29 PM
    Is the 45 day approved labor validity Rule already in place?

    Jonty ask a lawyer.... that is the best solution because no one here will be filling your application for I-140.



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