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  • jliechty
    November 16th, 2004, 11:27 AM
    Very interesting subjects... Each one has many neat things, and a few small annoyances, that make it very hard for me to pick a favorite. They're all good, though. :)




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  • waitnwatch
    08-27 06:03 PM
    It is called interfiling. You can use a new 140 (approved or pending) to replace the existing 140 (approved or pending) for an I-485. Even though the common perception is that the PD must be current, it is not true (per Murthy).

    I'm not a legal person, please verify from an attorney

    Where did you find this on Murthy. I ask this because I have a similar but slightly different situation where I have an EB-1 140 pending and I concurrently filed an EB-2 NIW. If the EB-1 140 comes through by chance I would like the already filed I-485 to be attached to the EB-1 at that point.

    I have been looking for an answer to this question but haven't found a satisfactory answer anywhere.




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  • willgetgc2005
    05-06 03:56 PM
    OK. Thanks. Doyou know hwomuch this will delay the approval. I mean the fact that orginal is not sent and we have only a copy.

    I think you can apply for I-140 with a copy. As far as I know, you cannot use premium processing though.




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  • snathan
    10-21 04:31 PM
    Certain felonies make a person inadmissible, which means no Green Card may be issued for such a person for either 15 years of indefinitely. You need to be more specific. Crimes of moral turpitude are inclusive. There are some limited waivers for some, but not all grounds of inadmissibility.

    I dont think you have understood the question. The OP asking what if the sponsoring person is deported due to feloney charge.



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  • pthoko
    07-16 01:08 PM
    You can re-enter from Canada with same I-94 and status as long as trip < 30 days.

    Yes, it resets out of status clock.



    ___________________________
    Not a legal advice.


    Yes, it resets out of status clock. --- Even if NO VISA stamping is done in CANADA???




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  • cilantro
    09-29 02:37 PM
    @zamoo: due to the family emergency, i have already used my FMLA for the current year. thats the reason, i dont see any option. But u are right in suggesting that i should not take any drastic measures. i am still in the process of iscussing my options with my hr dept.
    @rams75: I have also considered the counsular processing option. But in case they ask for a employers letter, i will not be able to provide.
    Thanks for ur time and advice.



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  • sreddy80
    10-19 10:14 AM
    Dear Immigration Attorney,

    I read many good news in this forum that one can obtain a copy of I140 even if she/he doesn't know the receipt#. Is this possible? If yes, could you please advise and share a sample letter(FOIA doc) that I can make especially when do not have a receipt notice #.
    Please also advise on the other documents that I need with FOIA?

    Please help...




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  • martinvisalaw
    06-15 11:54 AM
    The answer depends on various facts not listed in your question. I assume that he wants to return in H-1B status. If he has not used his full 6 years in H-1B status before, he can get the remainder of his 6 years without being subject to the H-1B cap. If he used his full 6 years and now has been outside the US for one full year, he can get another 6 years, but he will be subject to the H-1B cap (assuming he will work for a cap-subject employer). If he didn't use his full 6 years, but has been outside the US for a year, he can either (a) apply for a new 6 years and be subject to the cap, or (b) get the remaining balance not subject to the cap.

    Since the cap has not been reached yet this year, filing a cap-subject H-1B shouldn't be a problem if he can do it soon.



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  • fasterthanlight�
    05-16 04:20 PM
    Font could definately use some work. I'm so sick and tired of times new roman being everywhere. The only thing its good for is essays.




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  • jliechty
    May 10th, 2005, 08:38 PM
    Here (http://www.dphoto.us/forumphotos/showgallery.php?cat=1377) are a few pictures from my excursion to Turkey Run S P last weekend. While my camera performed better than I expected from a late-90's era 2.7MP DSLR, I didn't fare so well, coming home with far fewer "keepers" than I would have liked. My greatest problem was that I either didn't set up a tripod or failed to increase the ISO to get more DOF in many landscape shots that needed it, and frequently I also got motion blur from lack of tripod usage. This experience has taught me that for me personally, even though the D1 is 2 stops faster than Velvia, I still must slow down and use a tripod - not only to prevent blur and enable slower exposures, but also to force a slower and more thoughtful pace of composition.

    http://www.dphoto.us/forumphotos/data/1377/Turkey_Run_2005-05_0665_river_with_geese_copy.jpg



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  • ckpas
    09-23 03:19 PM
    Need some help/advice on PERM LC issue:

    My employer has filed PERM LC (PD Sep 2008) in EB2 (Job Description: Masters OR Bachelors with 5 Yrs experience),

    On may'09 got a query saying "Discrepency in Alien education and experience".
    Stating: Alien workerer possessed Masters Degree and 16 months of experience where as the minimum job requirements set ETA form (H8 and H10)specified Masters and 5 yrs of experice.

    my employer appealed saying: " H.4 in ETA does indicate masters deg. is the minimum requirement for the position and there is however no mention made of 5 yrs of exp. this appears in 8.A and 8.C as an alternate education and experience and therefore not related to the minimum requiremnt for the position"

    Another mistake (which I don't know if its from PERM ior my employer) is even though i have more than 10 yrs of experience the reason for denial as you can see above says "Alien worker possessed Masters Degree and 16 months of experience where as the minimum job requirements set ETA form (H8 and H10)specified Masters and 5 yrs of experice."

    thanks in advance, appreciate comments

    UPDATE : After the appeal sent by my employer, my PERM case shows status as "in-process". Does it mean it will fall under usual processing times ? Can I expect a response in the coming months ? Please let me know.




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  • gcdreamer05
    12-30 12:17 PM
    belmontboy ,

    I am in same boat.. I am going mumbai india in feb for stamping. Where are you going for stamping. I heard lately that there is no way we can pre check PIMS. I have asked my lawer but haven't got reply yet.. If you lawer has sent duplicate copy of H1b document to Kentucky Visa center then there should not be issue.( 99.99 % should be safe ).. If not then there is risk involved.

    Do you know how a lawyer can send the duplicate copy to Kentucky visa center, my h1 got approved 3-4 weeks ago, can we still send the duplicate copy to kentucky visa center ??? Did you do that ??



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  • Prashanthi
    07-14 03:35 PM
    Yes this can be done as long as the investiment is substantial $50,000 or more and the revenue earned is not marginal (the income derived from the business should not be just enough to support the applicant and his family). The investor possesses means of support independent of the enterprise. It may benefit applicants for an E-2 visa to demonstrate that their investments will result in the creation of jobs within the United States.




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  • grimdeath
    04-17 09:35 AM
    Means you two have and 86% chance of makin' bacon.

    In his dreams :lol:



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  • vnsriv
    11-14 11:52 AM
    Hello everyone,

    Please shed some light on this

    I am going to a different Application Support Center than the one in my notice.

    I am trying to locate the Application Support Center (ASC) close to where I live. Is there any information about the location of all the ASCs through out the country in the USCIS site?

    If no how should I find/locate the nearest ASC to where I live?

    The address of the ASC in my notice is in a different place. I want to go to the one that is near to where I live.

    Thanks in Advance

    Google it




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  • kirupa
    08-13 12:33 AM
    I wrote about References and Using Directives a few weeks ago that should help: http://www.kirupa.com/blend_silverlight/adding_references_using_directives_pg1.htm :)



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  • lost_angeles
    03-02 04:24 PM
    I will be remoting in from a different state. My employer would not file a new labor condition application which is required.

    If the employer is the same and working remotely is an option, then why move from H1B to EAD. Why not keep the current status (full time) and work remote?




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  • seanl
    08-14 11:55 PM
    I filed my I-102 to receive an I-94, ill update this when I hear back from them.

    When I receive the receipt, could I use that for the RFE? I don't think i'll have my I-94 to give to them in the 80 days I have left?

    Thanks, bump.




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  • tdasara
    03-25 12:24 PM
    While its true, a cousin of my mine applied when PD was not current and got her EAD while her husbands 485 was pending (still pending)

    Now, its a different issue that she/he get RFE whenever they apply for EAD renewal and once had to do a MTR.

    I can only guess that if the adjudicator checks the date of application before approving the 485, they might be in trouble!




    Blog Feeds
    12-05 09:20 PM
    Here is a quick update from the California Service Center regarding this new fee. The additional filing fees of $2,000 for certain H-1B petitions and $2,250 for certain L- 1A and L-1B petitions is applicable to petitioning employers who employ 50 or more employees in the United States and 50% of the petitioner�s employees are in H-1B, L-1A or L-1B status. The PL 111-230 fees do not apply to petitions requesting an extension of H-1B, L-1A or L-1B status with the same employer (only for initial filings for a new beneficiary).

    When the fee is not required, it is critical that the petitioner explicitly acknowledge this and explain why it is not required in the I-129 filing. If this is not done, USCIS will likely issue a Request for Evidence asking for a statement from the petitioner, causing unnecessary delays in processing.


    The Service Center previously stated:

    Until the Petition for Nonimmigrant Worker (Form I-129) and the Nonimmigrant Petition Based on Blanket L Petition (Form I-129S) are revised, USCIS recommends that all H-1B, L-1A, and L-1B petitioners include, as part of the filing packet, the new fee or a statement or other evidence outlining why this new fee does not apply. USCIS requests that petitioners include a notation indicating whether or not the fee is required in bold capital letters at the top of the cover letter. The fee, statement, notation, or other evidence should be provided with each petition submitted. Where the fee or documentation is not submitted with the filing, or where questions remain, USCIS may issue a Request for Evidence to determine whether the additional fee applies to the petition.The following is a sample statement that the petitioner employer could use:

    By this statement we confirm that our company (the petitioner) is not required to pay the H-1B filing fee under Public Law 111-230. Our business does not have more than 50 percent of our employees in the United States in H-1B or L-1 nonimmigrant visa status. Therefore, we are not required to pay the additional filing fee.

    Please email me with any questions regarding the above referenced info.




    More... (http://www.visalawyerblog.com/2010/11/h1b_visas_public_law_111230_fi.html)




    QuickGreenCard
    04-29 07:33 PM
    all the responses. Does anyone know how to get my mom's I-94 back?



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