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  • jasmin45
    02-26 10:55 AM
    Congratulations on your GC. Yes, tell your sister to send you the GC by mail. Once you get it, you can get back into the U.S. using your GC. I know few people who have done this. Good luck.

    The above said is correct only if you have an approved AP with you.




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  • jhaalaa
    04-05 09:17 PM
    I am currently working for an employer A full time on H-1 B. I-140 Approved (> 180days) and 485 pending (July 2nd filer). I have my EAD. My H-1 is being extended and I have not received my approval notice yet.
    >> Good to know that you want to stay on H1. EAD has its own advantages and disadvantages - Primary 485 applicant should avoid EAD usage unless essential.

    I got an offer from employer B for a consulting GIG. I would like to invoke AC-21.
    >> Personal choice here. However, it proves that your intent was not correct. If you think you would be stuck for many years, may be you should - you know it better, because the hassle and risk is not worth the little extra money.

    Can someone please answer my questions?

    1) I am planning on doing a H-1 transfer to employer B. Will it be possible to do H-1 transfer while employer A is extending my H-1?
    >> You can file as many H1 transfers as possible. Ensure that you have the copies of receipt notice of the present H1 status (renewal Application pending).

    2) Should I let USCIS know that I am changing my employment?
    >> You better do inform the USCIS of your intentions (including AC21) if you want to keep the H1 visa status active. Because if you had registered all your cases (present or old past receipt notices too) at USCIS website, you would have noticed that there are recent LUDs on the first H1/? that you entered the US. Had you known this you would not have asked this question ;-)

    >> However if you go down the EAD route you may inform USCIS at a later date because they do not track how or where you use the EAD - but certain employers inform voluntarily and they would not share this with an employer. (Also remember that when you use EAD : presently it means loosing H1 permanently unless you have some time left from the 6 year limit),

    3) I have a job code that I used on LC. Should I maintain the same job code for H-1 transfer as well?
    >> You better do that for AC21. Also, try to ensure that you get the same job description - to be on the safer side and avoid the "same or similar" catch in AC21.

    4) I am not sure how big employer B is (not sure how many employees work for them)....does it matter? Should I be concerned if employer B is a small employer?
    >> It should be good to check the employee base and financial position of the new employer. The USCIS may deny your H1 transfer and leave you in a tough spot. It may also affect the 485 decision as success of AC21 is also dependent upon this.

    5) With employer A I make x dollars. LC reflects this pay. When I switch to employer B should I also make only x dollars or can I make more?
    >> You can make more - how much more is not stated but a substantial difference can affect the successful approval of AC21.

    Hope the above helps.

    Best Wishes for all.




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  • eb3retro
    06-19 10:07 PM
    Hi

    Here is my situation

    My current labor shows title as Systems Analyst (EB3-I category - PD Sept 2002). The code that I can read shows 030-167014.

    I-140 is approved in 2005. 485 Applied in June 2007.
    8th year on H1B - H1 Valid till November 2009.

    I have offer to join one of big 5 IT Firms as Project Manager( working at client through them from past 4 years), however due to the "Same or Similar" clause , I am confused and kind of nervous as well that it may impact my GC application as the job title is not similar to what is on the labor.

    This is great company to work for and Salary raise is about 15-20% from current and about 90% higher than what is on the labor. Would this create any issue?

    I had kind of made up my mind that I will go ahead and join and skip notifying USCIS of AC21 and will deal with it if and when I receive the RFE, but the prospective employer's immigration guys are telling that they have policy and their attorney will prepare a letter for invoking AC21 and send that to USCIS.

    Just tired of waiting for GC and losing the opportunities, What options do I have ?

    � Should I stay put and continue to wait till I get GC in hand?
    � If new employer notify USCIS with AC21 letter that my new title is PM or something else (but not same or similar to what is on Labor)
    - Would USCIS makes the decision on my 485 right there saying it's a no go?
    - or Would they send me the RFE later on when my PD is current?
    - What if I say I am willing to go back to my old employer on the title that is on the labor, in the situation of RFE - would USCIS accepts that (I have good relationship with my current employer and they are mid size company)

    Any Suggestion - Anybody?

    Need to make the decision in next couple of days.



    hey man, if i were you, i wouldn't do this..i personally changed jobs twice in ac21 and would not do this change..




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  • ashkam
    07-27 03:18 PM
    I have a question, my attorney says that he has filed the application on 2nd July without my signature.
    I have not given any authorization also.
    I am worried if it is valid or not.

    I don't know if they take authorization from my employer or it should be from me.
    Please suggest.

    Sorry to have to say this but they will probably reject your application. Signature is the most important thing they look for in any application.



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  • pinoyInDC
    06-25 03:12 PM
    The reason for rushing the application is that it could retrogress midway during the month of July. It may seem unlikely but you never know. That's one reason to file it as early as possible.

    But i did not know the attorney would like to file it in June for me. I just wanted to find out if anyone's sent it early and received receipt.


    It doesn't matter if it retrogress midway during the month of July, USCIS must accept ALL otherwise eligible I485s filed by July 31. While Priority Dates could retrogress say in August, USCIS will adjudicate I-485 applications that were filed prior to retrogression only if the individual�s Priority Date is current at the time they review it. For example, if your Priority Date is EB-3 06/01/2006 and the August 2007 Visa Bulletin retrogresses that category�s date to 04/02/2006, USCIS will continue to hold your pending I-485 but will not process it until your 06/01/2006 Priority Date becomes current again. Therefore, one�s Priority Date (the date the Labor Certification Application was filed) will likely again supercede the filing date of the I-485. While it is important to file the I-485 by July 31, it is probable that no advantage will be gained on the basis of one having been filed earlier than another.




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  • manish1905
    10-06 04:02 PM
    Hi Manish,
    I hope everything goes well with you.
    Did the officials call you or come to see you in person?

    yes the official did came in person at my work without any notice.He even took mu picture at my desk.it was hell of a surprice.He even wanted talk with my Supervisor but he was on vacation that day.



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  • pointlesswait
    07-29 06:06 PM
    CHC speaks only for illegals...
    they fear any partial immigration reforms will harm their political constituents..namely the hispanic voter base.

    They will never come onboard for legals..we have to fight our own battle.

    So individual constituents on this forums can have personal views..



    As far as I know we HAVE NO STAND on the issue.

    Our goal is simple, to seperate ourselves from "undocumented immigrants", we do not call it "illegal immigration" as per our initial IV discussions.

    IV stands as an organization for Employment Based Legal Immigration and nothing BUT that. So, again, in short we HAVE no stand on "illegal immigration".




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  • mbartosik
    06-22 05:15 PM
    They charge $2, blimey, that's nothing. They want to increase to $9, hey increase it to $100 and to the job properly!

    If I was stuck in name check I'd happy write them a check for $900 not just $9.

    This is a typical example of how doing things on the cheap is just plain stupid.

    If they are going to do a name check for the 12,000,000 to 20,000,000 then how does that affect them. In computing we have to write systems that scale, I doubt their system will scale to cope with an extra 20,000,000 checks.



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  • whoever
    01-31 02:46 PM
    how can one get copy of i140? does it not belong to the company?




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  • funny
    09-16 04:09 PM
    http://www.numbersusa.com/content/nusablog/beckr/september-15-2008/massive-foreign-worker-increase-back-ali.html



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  • div_bell_2003
    10-14 07:43 PM
    You can go visit India after your AP has been applied for, and you can ask your lawyer ( if you are using one ) to send the docs to you in India , so that you can come back with the new approved AP, off course you can't enter USA on an expired AP.

    My lawyer has confirmed that one is only required to be present in the USA when applying and it's recommended that one is in US when it's approved, but due to the varying time USCIS is taking to process AP applications that is not a requirement and they can forward the documents to someone not in US.




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  • mbartosik
    02-25 10:32 PM
    Pappu is right (on earlier post on this thread)

    To maybe make a little more clear, because the processing dates do not make any distinction between EB classes (EB1, EB2, EB3) when one EB class moves forward in the visa bulletin, then the service center may have to go backwards in processing date to process these because they received them earlier.

    If they still pre-adjudicated they might not need to move the date backwards, but if they pre-adjudicated we are more likely to loss GC. For example if they adjudicate 180,000 applications per year, but that included 80,000 pre-adjudications then we would loss 40,000 visas that year. So now they adjudicate what they can issue visas for.

    That being said there is still often no clear reason (to us) behind the dates. It would cause less frustration if clear reasons for dates were given.



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  • hebron
    08-16 02:50 PM
    Hi Hebron,
    I will get my money if i complain to DOL. But, do i have to stop working at the same client now. Will there be any problem if i continue working with the same client.
    Thanks,
    Srikanth

    You have a valid H1 with the new employer (client), so there should be nothing wrong working with the client.

    Have you or your client signed a contract with the parent company? If you have not signed a contract, there is nothing to worry. I would assume your client may have signed a contract with your parent company(old employer). If that's the case the issue is between you current employer (client) and you parent company (old employer).

    You may also want to check with your attorney.




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  • irfankhan25
    04-06 04:33 AM
    You can import PDF-compatible Adobe Illustrator files (.ai) directly into an open document in your Microsoft Expression Blend project.
    When you import an Illustrator file into Expression Blend, Illustrator layers, groups, and objects are converted to Expression Blend containers and objects with associated properties. Understanding how Illustrator objects are imported into Expression Blend will help you integrate Illustrator files into your Expression Blend projects more quickly and efficiently.

    When you save your file in Illustrator, make sure that the Create PDF Compatible File check box is selected in the Illustrator Options dialog box. Otherwise, you will not be able to import your Illustrator files into Expression Blend.
    http://expressioniq.com/wp-content/uploads/2011/02/b5_CreatePDFCompatibleFile.png (http://expressioniq.com/wp-content/uploads/2011/02/b5_CreatePDFCompatibleFile.png)
    To import an Illustrator file



    Open the document into which you want to import the .ai file.
    On the File menu, click Import Adobe Illustrator File.
    In the Import Adobe Illustrator File dialog box, locate the Illustrator file that you want to import, and click Open.
    Click OK.
    A new Canvas object with the same name as your imported file is added to your document. In the Objects and Timeline panel, under the Canvas object (named AvatarSymbols in this example), are all of the Illustrator objects imported as Expression Blend objects. If images are imported as a part of your .ai file, a new folder (named AvatarSymbols_Images in this example) is created in the root folder in the Projects panel to contain all the converted image files.
    Note: If there are no images associated with your project, a folder will not be created in the Projects panel.
    http://expressioniq.com/wp-content/uploads/2011/02/b5_ImportIllustratorFile.png (http://expressioniq.com/wp-content/uploads/2011/02/b5_ImportIllustratorFile.png)
    You can also create a custom folder in the Project folder for any images that are associated with your .ai file.
    To create a custom images folder



    In the Projects panel, right-click the .csproj file, and then click Add New Folder.
    Type a name for the new folder in the folder name box.
    With the folder selected in the Projects panel, import the Illustrator file by following the steps in the preceding procedure entitled “To import an Illustrator file.”
    Layers, groups, and objects

    Expression Blend imports Illustrator layers and groups as nested XAML Canvas objects containing paths and images. Nested Canvas objects are used as layout containers to make them easier to work with in Expression Blend. The following information will help you understand how to work with Illustrator files after they are imported.
    Layer names

    Layer names are preserved for the top-level groups (Avatars in the preceding image). After you import your Illustrator file into Expression Blend, you can change the name by right-clicking the object in the Objects and Timeline panel and then clicking Rename, or by double-clicking the object name and then typing directly in the object name field.
    File structure and groups

    Illustrator groups do not exist in PDF-compatible files, so are not imported into Expression Blend. However, the objects contained within an Illustrator group are imported as individual objects with the same positioning as in the Illustrator group.
    Object types

    Images are imported as PNG files and are added to an images folder in the Project panel, and added as Image objects in the Objects and Timeline panel. Text and vector objects are imported as editable paths and appear in the Objects and Timeline panel.
    Visibility and lock

    Visibility settings for Illustrator layers imported into Expression Blend are preserved. However, only visible objects within layers are imported. You can change which objects are imported into Expression Blend by changing the visibility settings of the objects within each layer in Illustrator.
    Lock settings are ignored.
    Editable content

    If the imported content is editable, you can modify the appearance of the content in Expression Blend by modifying the object properties. The following table describes Illustrator elements that are editable in Expression Blend. Use the Description column to locate the properties for the object in order to modify them in Expression Blend.
    Illustrator element Expression Blend element (XAML) Description Group Canvas Illustrator groups are ignored. However, the content of the group is imported as individual objects in the Objects and Timeline panel. Text (type objects) Canvas An Illustrator type object is imported as a Canvas object named TextBlock with the original Illustrator text imported as Path objects. Text styles are imported as separate Path objects. For example, a 5-letter word with a Strikethrough style applied is imported as a Canvas object containing 6 paths, one path for each letter of the word, and an additional path for the Strikethrough style.
    Stroke Path An Illustrator stroke is imported as a path with the Stroke properties mapped to the Stroke brush in the Properties panel in Expression Blend. Solid color fill Path An Illustrator solid color fill is imported as a Path with the original Fill property mapped to Expression Blend Color properties applied to a Solid color brush. Solid color brush properties are located in the Brush category of the Properties panel.
    Linear gradient fill Path An Illustrator linear gradient fill is imported as a Path with the original Fill property mapped to Expression Blend Linear gradient brush properties applied to a Gradient brush. Linear gradient brush properties are located in the Brush category of the Properties panel.
    Radial gradient fill Path An Illustrator radial gradient fill is imported as a Path with the original Fill property mapped to Expression Blend Radial gradient brush properties applied to a Gradient brush. Radial gradient brush properties are located in the Brush category of the Properties panel.
    Image layer Image An image object in Illustrator is imported as an Image object in Expression Blend. In addition, a PNG file is added to the project. The PNG file is the source for the Image object. Custom fill OpacityMask applied to an ImageBrush Illustrator supports multiple fills for an individual object. If an additional fill is applied to an object in Illustrator, and that fill contains an alpha channel, the fill is imported as an OpacityMask applied to an ImageBrush. For best results, use only one fill acting as an opacity mask in your Illustrator file. OpacityMask properties are located in the Brushes category in the Properties panel. In addition, a PNG file is added to the project. The PNG file is the source for the ImageBrush.
    Note: You can verify whether or not multiple fills has been applied to an object by viewing the object properties in the Appearance panel in Illustrator.
    Clipping mask Clip property An Illustrator clipping mask is imported as a Clip property. Clip properties are located in the Miscellaneous category in the Properties panel.
    Note: The Clip property has limited support in Windows Phone projects.
    Illustrator feature support in Expression Blend

    The following Illustrator features are supported in Expression Blend. Where noted, features can be edited in Expression Blend.
    Note: Although Expression Blend supports the following Illustrator features, for best results, create your Illustrator file using only vector art.
    Text

    Text layers imported from Illustrator are converted to a canvas, and each character is a separate path object that is a child of the canvas. The appearance of the text is maintained, but is no longer editable as text after it is imported.
    If a single text layer in Illustrator contains hard returns, the text associated with each paragraph break will be imported as a separate canvas object when imported into Expression Blend.
    Note: You may experience unexpected results when you import text from Illustrator. These results can include unexpected character rotation, kerning, point sizes, and alignment.
    Text styles

    The following Illustrator text effects create individual paths when imported into Expression Blend.


    Subscript
    Superscript
    StrikeThrough
    Underline
    SmallCaps
    AllCaps
    Effects

    Effects are supported, but not editable, in Expression Blend. Effects are rasterized and imported as Image objects. A PNG file is used as the source for the image object, and is located in the folder that is created in the Project panel.
    Gradients

    Expression Blend supports the importing and editing of linear and radial gradients. Color stops are imported as gradient brushes to the Fill property of the resulting object in Expression Blend, and opacity stops are imported as gradient brushes to the OpacityMask property.
    Strokes

    Custom strokes are imported as individual paths.
    When you save an Illustrator file in PDF-compatible format, strokes and fills are saved as separate paths. When you import a PDF-compatible file into Expression Blend, a stroke and a fill on the same object may also be imported as separate objects. However, if the stroke and the fill are identical, the stroke and the fill may be merged into a single object when imported into Expression Blend.
    Tags: Adobe Illustrator (http://expressioniq.com/?tag=adobe-illustrator), graphics (http://expressioniq.com/?tag=graphics), images (http://expressioniq.com/?tag=images)

    This entry was posted on Friday, March 4th, 2011 at 12:54 pm and is filed under Expression Blend (http://expressioniq.com/?cat=7), SketchFlow (http://expressioniq.com/?cat=11). You can follow any responses to this entry through the RSS 2.0 (http://expressioniq.com/?feed=rss2&p=1951) feed. You can leave a response (http://expressioniq.com/?p=1951#respond), or trackback (http://expressioniq.com/wp-trackback.php?p=1951) from your own site.



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  • serg
    10-30 08:47 PM
    You can start working on EAD now and wait for the H1 approval to come through.

    WTF are you talking about, man??? It was said hundreds times: once one use EAD, h(is|er) H(1|4) is GONE!!! Per my lawyer, if you filed H1 extension before expiration, you are ok, in this case ext. filing date make sense.




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  • Jaime
    09-11 05:21 PM
    You've worked hard for what you have! VERY HARD!!!! Remember the grueling exams and study back home to be the best and get to the U.S. Remember your sufferin, hard study and hard work once in the U.S. to be the best and contribute to this country!

    Don't let the Reverse Brain Drain suck you in!!!!



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  • cooldesi
    01-24 11:47 PM
    Your employer can file a new H1B extension petition with the documents covering the problems that caused the first denial. Now the lawyer should attach a letter notifying USCIS about the the first denial and than asking them for adjustment of status.
    There is no annual cap. (or may be 300,00) on H1b extension cases. Hence in your case irrespective of your denial, you can file fresh extension one more time & making sure that you are not missing anything and a letter to USCIS mentioning your previous denial case.

    I am telling you this on my own experience. And mind you this is not a time for you to be cheap. Please consult with a good lawyer.
    I agree and my experience suggests that it's always better to file fresh application than mtr. this is just my personal opinion.




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  • optimist578
    01-31 03:10 PM
    You can always ask for a copy of the approval after the I-140 is approved. Depends on how cooperative your HR and lawyer are.

    Is there a way to track the status of one's I-140 petition through USCIS's website?




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  • logiclife
    08-03 05:25 PM
    I worked for a firm for last couple of years and then moved to another firm. Now I want to apply for a Perm process and need the Experience letter. My previous employer has issued me the experience letter without my roles and responsibility:

    It was an unprotected word file, so I changed it and incorporated the roles and responsibilty and my self submitted it to my employer; Now i am afraid if they are going to verify it.

    1. What is the INS verification process?
    2. Do employer can verifty it by Fax?
    3. What can happen if INS came to know that everything was fine except the roles and responsibilities was included afterwards?

    What you did was creative (in a bad way). Sorta illegal. And sorta forgerish and borderline fraudulent. I am not judging you, I am just telling you how it sounds.

    Now, how did you add material to the word document that was already signed? And therin lies the bad part.

    Anyways, correspondence between USCIS and employer/lawyer/employee is always thru mail. I dont think they communicate thru faxes.

    Now, if for some reason INS (and by the way, its USCIS now) came to know afterwards, then you are in a deep hole because it sounds like fraud. Fraud is grounds of denial of immigration benefits (any benefit, like H1, or GC or citizenship). Besides, roles and responsibilities are not really needed if the letter says that all conditions in labor cert and 140 are still valid and employment is still offered as per labor cert. Then you dont need detailed description of what you are doing. And even if you felt the urge to add that part in your letter, why didnt you just ask them that?




    morchu
    08-01 12:09 AM
    There is nothing complicated here.

    Put your wifes status as of the 485 filing date. Means if you are filing in July/August this will be H4.

    You can travel in H4. Also no problem in changing status to H1 after october 1st. (She have an H1 approval doesnt mean she is NOW in H1 status. Her change of status is approved from Oct 1st). Please remember that if she doesnt start working in H1 on October 1st, technically, she will Neither be in H1 / H4 status on October 1st. Means she might fall under "adjustee" status.

    Assuming that your wife starts in H1 status from Oct 1st, there is no problem in travelling in H1. (she might need to get an H1 visa stamp though).

    The other option is she can fall under adjustee status and travel in AP, work in EAD.

    Also after 485 approval H4 status doesnt get "illegal" it just gets adjusted.
    (Well...... nobody can have two statuses at the same time anyway).


    Better check with your lawyer. Becuase when you apply for 485 and get approved your wife's H4 status becomes illegal. So don't know exactly about H1 or H4 on advanced parole. Lawyer is the best person for your case.




    dummgelauft
    04-20 10:52 AM
    In the absence of a date, it is 6 moths from admitted date, by default. You may confirm this by calling USCIS.



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