nozerd
11-11 11:03 AM
Priority Date Current: Curse or Boon ?
I am EB3 India applicant with PD of August 2001 (own not substitution). Have I 140 approved since November 2005 but was only able to file I 485 in June 2007. With same employer for 10 yrs and on 9th yr of H1.
Earlier this year my PD was correct for 2 months but didnt hear anything from USCIS. My PD is current again this Nov and Dec and havent heard anything yet. Called USCIS customer svc and they said cant do anything as processing date is not current (Yes and they are going by Notice date and not Received date for service request). Lawyer says just stay cool and wait. So USCIS has no logic and no order and all we can do is wait for our stars to be aligned and case getting picked up in a sweep. Other than that being current is a curse rather than a boon because
You can not get 3 yr H1 extension if PD is current (only 1 yr).
You can not get 2 yrs EAD if PD is current.
So those dying for PD to be current think again. Its no use having PD current if USCIS is going to be so random and haphazard. It may turn out to be a curse.
I am EB3 India applicant with PD of August 2001 (own not substitution). Have I 140 approved since November 2005 but was only able to file I 485 in June 2007. With same employer for 10 yrs and on 9th yr of H1.
Earlier this year my PD was correct for 2 months but didnt hear anything from USCIS. My PD is current again this Nov and Dec and havent heard anything yet. Called USCIS customer svc and they said cant do anything as processing date is not current (Yes and they are going by Notice date and not Received date for service request). Lawyer says just stay cool and wait. So USCIS has no logic and no order and all we can do is wait for our stars to be aligned and case getting picked up in a sweep. Other than that being current is a curse rather than a boon because
You can not get 3 yr H1 extension if PD is current (only 1 yr).
You can not get 2 yrs EAD if PD is current.
So those dying for PD to be current think again. Its no use having PD current if USCIS is going to be so random and haphazard. It may turn out to be a curse.
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philler
11-01 06:45 AM
Without trying to sound too harsh, I think my dog could knock up something more worth going freelance about. :D
geniousatwork
08-14 01:22 PM
Seems like the Service Center employees are either laid off :D or on vacation...No movement for 485 processing dates compared to last months update.
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rajuram
01-26 07:22 PM
FYI, I have been in the queue for 6.5 years now. I did write the letter.
Did your write your letter?
15 minutes of yout time could save you 6-12 years of waiting!
Did your write your letter?
15 minutes of yout time could save you 6-12 years of waiting!
more...
desi3933
03-27 03:46 PM
I talked to my lawyer and he says you need to withdraw the old 485 and apply for new 485 using marriage.....
I can't imagine lawyer suggesting that. You should consider getting second professional opinion.
One I-485 can be linked to more than one immigrant petitions. You will need a cover letter after I-130 approval and reference to existing I-485 application along with amendments to refer approved I-130 immigrant petition.
________________
Not a legal advice.
I can't imagine lawyer suggesting that. You should consider getting second professional opinion.
One I-485 can be linked to more than one immigrant petitions. You will need a cover letter after I-130 approval and reference to existing I-485 application along with amendments to refer approved I-130 immigrant petition.
________________
Not a legal advice.
kaisersose
11-13 04:13 PM
Thank you all for your valuable input. I have a follow up question :
Will I be breaking any laws if I just do voluntary marketing and promotional work for my company in India.
Here is the situation :
My clients will be in USA and they will be paying my company in India. I will be on the board of the company , and will be doing voluntary marketing and promotional work for the company while residing in USA.
Thank you for your time.
Your H-1b must be sponsored by a US company. H-1b terms require you to gainfully work only for that employer. As long as your US tax returns do not show any other source of income and show you have been working fulltime for your sponsoring employer, you should be fine.
They do not bother with foreign wages or what you do with your free time ( as long as it inot a second job).
Will I be breaking any laws if I just do voluntary marketing and promotional work for my company in India.
Here is the situation :
My clients will be in USA and they will be paying my company in India. I will be on the board of the company , and will be doing voluntary marketing and promotional work for the company while residing in USA.
Thank you for your time.
Your H-1b must be sponsored by a US company. H-1b terms require you to gainfully work only for that employer. As long as your US tax returns do not show any other source of income and show you have been working fulltime for your sponsoring employer, you should be fine.
They do not bother with foreign wages or what you do with your free time ( as long as it inot a second job).
more...
PlainSpeak
02-23 10:54 AM
Makes sense but a couple of my friends who traveled during the winter break and came back through ATL did not have an issue, so that was where I was coming from.
As i said you may or may not have an issue. Makes common sense to carry documents if you do get asked. I had issues when i came through IAD in Apr 2009. Things may have improved during the interim. I know of friends of mine who had no issues on AP and i also know of a GC Holder who got stuck in immigration for 5 hours. I guess it just depends on what kind of person is the POE officer in the secondary inspection room
As i said you may or may not have an issue. Makes common sense to carry documents if you do get asked. I had issues when i came through IAD in Apr 2009. Things may have improved during the interim. I know of friends of mine who had no issues on AP and i also know of a GC Holder who got stuck in immigration for 5 hours. I guess it just depends on what kind of person is the POE officer in the secondary inspection room
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HumHongeKamiyab
12-16 05:46 PM
Does anybody know a good employment lawyer around houston area? I need to discuss my non-compete agreement with a lawyer ?
Thanks,
Thanks,
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ksrk
05-01 08:11 PM
Hi all;
Questions if anyone has ever seen an RFE like this one.
My first RFE was asking for all documents related to work authorized by USCIS.
I think I responded properly and provided all documents requested.
Then another RFE just came in end of April mail asking for the following.
Please provide all school transcripts during your F1 student status.
Now I am dummy because up until about few days ago I just realized I made big mistake!
I have gap (7 months) from when I finished school (mid 2002) and when I was approved my H1B (Jan 2003)
I should have went on OPT after school but mistake I think I could wait pending my H1B application. I did not work during that 7 month period and stupid me did not go to school during that 7 month period in end 2002.
Any good lawyers in San Jose area think I can pass with a letter of explanation?
What's not clear about your case is whether or not you applied for your H1B BEFORE you finished school (in mid 2002). If for those 7 months you were waiting for a decision on your H1B (pending application with USCIS), then you weren't out of status during that period. On the other hand, if you did go out of status for >180 days, then you may have to explain it. Whether or not you get into trouble depends on the reason for going out of status in that period (if indeed you did).
Questions if anyone has ever seen an RFE like this one.
My first RFE was asking for all documents related to work authorized by USCIS.
I think I responded properly and provided all documents requested.
Then another RFE just came in end of April mail asking for the following.
Please provide all school transcripts during your F1 student status.
Now I am dummy because up until about few days ago I just realized I made big mistake!
I have gap (7 months) from when I finished school (mid 2002) and when I was approved my H1B (Jan 2003)
I should have went on OPT after school but mistake I think I could wait pending my H1B application. I did not work during that 7 month period and stupid me did not go to school during that 7 month period in end 2002.
Any good lawyers in San Jose area think I can pass with a letter of explanation?
What's not clear about your case is whether or not you applied for your H1B BEFORE you finished school (in mid 2002). If for those 7 months you were waiting for a decision on your H1B (pending application with USCIS), then you weren't out of status during that period. On the other hand, if you did go out of status for >180 days, then you may have to explain it. Whether or not you get into trouble depends on the reason for going out of status in that period (if indeed you did).
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dxldad
05-18 12:45 PM
I was not aware that EB3 were getting over regular allotment....but porting is the only way i see people getting the GC in a reasonable time-frame if you are stuck in EB3 queue :cool:
An analogy would be to compare porting to the HOV traffic lane. If you qualify, do port and you would get to your destination faster. It is perfectly legal too and no one should be complaining about people porting if they qualify for it.
An analogy would be to compare porting to the HOV traffic lane. If you qualify, do port and you would get to your destination faster. It is perfectly legal too and no one should be complaining about people porting if they qualify for it.
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bobzibub
01-11 10:36 AM
Use dice.ca monster.ca or workopolus.com or something.
It is true that the US will be heading for quite difficult times ahead.
They've just posted a $T1.2 deficit and that is pre-Obama infrastructure program. They may have to deflate the dollar in order to pay it off as the countries that normally buy US treasuries are experiencing their own crunches. The financial bailout has the affect of being a huge wealth transfer from the middle class to the wealthy where there already is growing income inequality. Plus the Iraq war costs muchos dineros. In summary, I am bearish about the US economy, dollar, and future prospects over the next decades. Some economists say that the Bush (Jr.) years cost the economy (If I remember correctly) around T$9. A staggering amount.
Canada has her fiscal house in order if not political house in order. (There will likely be yet another election in the next few months.). Canada has been posting government surpluses provincially and federally in the last decade or so, so Canada is prepared for what will likely be a mild recession. (The belief is that they'll be out of recession 2nd half 2009) Plus the banking system was not allowed to go leverage wonky like down here. So there is no big bailout, and no big financial issues. There are some credit issues but I believe that they are spillover from the US. Canada has buttressed the banks but to place them on an even keel with bailed out US banks. Scotia bank, for example, has rejected the efforts saying they're not needed.
Wages are lower and taxes are higher but if you have a family it may be beneficial because daycare and other child related expenses are subsidized. I think it is 9 or 12 months paid maternity leave, for example.
Job market is pretty tough. Though there is likely more unemployment now in the US due to differences of measurement.
Pick your poison!
It is true that the US will be heading for quite difficult times ahead.
They've just posted a $T1.2 deficit and that is pre-Obama infrastructure program. They may have to deflate the dollar in order to pay it off as the countries that normally buy US treasuries are experiencing their own crunches. The financial bailout has the affect of being a huge wealth transfer from the middle class to the wealthy where there already is growing income inequality. Plus the Iraq war costs muchos dineros. In summary, I am bearish about the US economy, dollar, and future prospects over the next decades. Some economists say that the Bush (Jr.) years cost the economy (If I remember correctly) around T$9. A staggering amount.
Canada has her fiscal house in order if not political house in order. (There will likely be yet another election in the next few months.). Canada has been posting government surpluses provincially and federally in the last decade or so, so Canada is prepared for what will likely be a mild recession. (The belief is that they'll be out of recession 2nd half 2009) Plus the banking system was not allowed to go leverage wonky like down here. So there is no big bailout, and no big financial issues. There are some credit issues but I believe that they are spillover from the US. Canada has buttressed the banks but to place them on an even keel with bailed out US banks. Scotia bank, for example, has rejected the efforts saying they're not needed.
Wages are lower and taxes are higher but if you have a family it may be beneficial because daycare and other child related expenses are subsidized. I think it is 9 or 12 months paid maternity leave, for example.
Job market is pretty tough. Though there is likely more unemployment now in the US due to differences of measurement.
Pick your poison!
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snowcatcher
01-28 09:05 AM
Hi Viva, Instead of using the bank account I used teh paypal from IV homepage. Made a $20 contribution from my paypal account. Please PM me if you need the receipt number or any another information.Thnaks.
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bharol
08-18 11:52 PM
I dont have any changes to status when I check my 485 case status online but today in the mail i received I797c notice welcoming me as a premenant residence. I am a bit hesitant to celebrate, but am I seeing green?:o
Raj
EB2- India [ Oct 2005 @ NSC]
485 filed Aug 2007
So you are saying the mail welcoming you as a permanent resident may not be confirmation of GC?
Come on. Dont be dumb.
Raj
EB2- India [ Oct 2005 @ NSC]
485 filed Aug 2007
So you are saying the mail welcoming you as a permanent resident may not be confirmation of GC?
Come on. Dont be dumb.
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boreal
08-24 07:30 PM
Hello GreatGuy
You can be a lil more cordious and polite :rolleyes:
At least if you expect somebody to answer your question.
Hey guys knock it off. Labor substitution is legally allowed
till date. If this guy get a pre approved labor let him accept
it and get ahead. Nobody blocks you to accept pre approved
labor. I'm retrogressed with PD of 2003 on EB3 India. But for
that reason I dont think I'm going to shout at somebody using
a pre approved labor and get ahead of me.
Now to answer you question Mr GREAT.
DOL can replace if its not approved. Mainly they look at the
education and experience.
This situation can be a lil dicey. If I were you I would
get the reference no or something of that labor cert and verify
all the details. Secondly I would do a thorough research on this
employer. It would have been a lil better if its already approved.
On 2002 I got a pre approved labor offer. I got a copy of
the labor from this employer and had it looked by an attorney.
Atty said its a lil risky to accept it. So I did not take it.
Good luck GREAT. I expect you to be a lil more polite on these
forums.
Ok now we know who is desperately looking for one such pre-approved LCs...All you blood-sucking desi consultancies...one more for you guys to earn money!!
You can be a lil more cordious and polite :rolleyes:
At least if you expect somebody to answer your question.
Hey guys knock it off. Labor substitution is legally allowed
till date. If this guy get a pre approved labor let him accept
it and get ahead. Nobody blocks you to accept pre approved
labor. I'm retrogressed with PD of 2003 on EB3 India. But for
that reason I dont think I'm going to shout at somebody using
a pre approved labor and get ahead of me.
Now to answer you question Mr GREAT.
DOL can replace if its not approved. Mainly they look at the
education and experience.
This situation can be a lil dicey. If I were you I would
get the reference no or something of that labor cert and verify
all the details. Secondly I would do a thorough research on this
employer. It would have been a lil better if its already approved.
On 2002 I got a pre approved labor offer. I got a copy of
the labor from this employer and had it looked by an attorney.
Atty said its a lil risky to accept it. So I did not take it.
Good luck GREAT. I expect you to be a lil more polite on these
forums.
Ok now we know who is desperately looking for one such pre-approved LCs...All you blood-sucking desi consultancies...one more for you guys to earn money!!
more...
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Kitiara
04-28 06:53 AM
I like all three... Cybergold's robots look really great and Didius' is cute. I've gone for Ironikart though, on account of the eys. It made me laugh and it's a cool picture too. :)
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whiteStallion
05-19 01:53 PM
Sounds like a good idea...for those of us who missed the summer 2007 bus, this may be the only way of getting to an EAD status in the near future, going by the recent Visa bulletins and retrogression of EB2 & non-availability of EB3 year-round.
I am thinking to start solid campaign for EAD and AP when pre filling for 485. Its in very begining stage. Once I get how many can join hand we can start a funding drive and some aggressive campaign for it. DHS and DOL are studing how to resolve this on going problem for Highly Skilled immigrants.at the end of day admin may come with pre filling for highly skilled.
I am thinking to start solid campaign for EAD and AP when pre filling for 485. Its in very begining stage. Once I get how many can join hand we can start a funding drive and some aggressive campaign for it. DHS and DOL are studing how to resolve this on going problem for Highly Skilled immigrants.at the end of day admin may come with pre filling for highly skilled.
more...
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gc_chahiye
08-26 11:22 PM
gc_chahiye: Thanks for the technical advice. I'll check with my attorney tomorrow. You said 30 odd days. That is more or less 60 days, and it's more than enough.
for an appeal they will tell you in the denial notice how much time you have. For a motion-to-reconsider/reopen the deadline is typically 30 days. Again, confirm everything with attorney, and keep them on their toes (check status with them every couple of days).
I think you will receive the RFE on time (its only been 8 days since the USCIS note about the RFE, it does take upto 2 weeks for attorneys to receive it).
All the best!
for an appeal they will tell you in the denial notice how much time you have. For a motion-to-reconsider/reopen the deadline is typically 30 days. Again, confirm everything with attorney, and keep them on their toes (check status with them every couple of days).
I think you will receive the RFE on time (its only been 8 days since the USCIS note about the RFE, it does take upto 2 weeks for attorneys to receive it).
All the best!
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new2gc
02-16 10:47 AM
Time for paid membership on this website...at least $5 a month..else, we will these see kind of non-sense discussion threads...waste of time and resources (Including this message)
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alex77
09-26 01:22 AM
If you have worked with your employer for atleast a year, you can also avail FMLA leave for 12 weeks (unpaid) without any issue. All the employers with 50 employess or more are supposed to follow this law.
http://en.wikipedia.org/wiki/Family_and_Medical_Leave_Act_of_1993
http://en.wikipedia.org/wiki/Family_and_Medical_Leave_Act_of_1993
Anders �stberg
February 15th, 2005, 02:40 PM
I have an Olympus C2100 Ultrazoom. The real focal length of the lens is given as 7mm to 70mm (38mm to 380mm on 35mm equiv). When I operate the zoom lever, a bar appears in the viewfinder with T at the top and W at the bottom. Can I assume that this scale will be linear in terms of the focal length ie if the number of steps between W and T is 30, would each step increase the focal length by 63/30 mm (=(70-7)/30)? This would,however, mean that my standard 50mm equivalent focal length would be only one step up from the W end of the scale, which does not ring true. In which case, is there an easy way to 'calibrate ' this scale?
Thank you.
Martin
First, I don't know, and the details probably differs from camera to camera. However, my guess is that the zooming action is not linear. More likely the "steps" are larger at the tele end as each millimeter of focal length counts for more at the wide end.
As to calibration... maybe set up a scale on a wall, look at it at 7mm and mark the edges. Zoom in until you see half the width (which corresponds to twice the focal length - 14mm) and look at the focusing indicator what's shown. Zoom in again to show 50% of the last view, 28mm... etc.
(I hope my math was OK here...)
Thank you.
Martin
First, I don't know, and the details probably differs from camera to camera. However, my guess is that the zooming action is not linear. More likely the "steps" are larger at the tele end as each millimeter of focal length counts for more at the wide end.
As to calibration... maybe set up a scale on a wall, look at it at 7mm and mark the edges. Zoom in until you see half the width (which corresponds to twice the focal length - 14mm) and look at the focusing indicator what's shown. Zoom in again to show 50% of the last view, 28mm... etc.
(I hope my math was OK here...)
mach1343
06-01 09:20 AM
Can't agree more. That is the issue with large companies. If you have a very, very unique skill set and your Manager is very strong that helps. Even that is out of the window in case of acquisition's/bankruptcies (don't see both happening to Oracle though). They even withdraw H1, if you have filed one after layoff.
Exactly, Big companies Be careful. You have a lot of things to consider before even applying. So think about it....
Exactly, Big companies Be careful. You have a lot of things to consider before even applying. So think about it....
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