Monday, June 20, 2011

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  • edaltsis
    09-18 04:18 PM
    If you use EAD it means you are abandoning your H1B. You have to be employed full-time (should be drawing salary on a regular basis to be in H1B/EAD status) but cant "just" work part-time.




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  • ebizash
    06-20 01:53 PM
    My LC was filed as Database developer. After about 200 days of I-485, I switched job as Manager. I sent the job description to my attorney and they said I could switch as the job in same or similar "SOC Code". They also said that there is no need to let USCIS know about the change as it is optional. If USCIS issues a RFE, we will respond appropriately.

    The only thing I ensured and you should ensure too is to keep all paperwork in a safe and readily accessible place. You should keep pay stubs from old company as well as new one, job description and offer letter from both employers, and a document detailing circumstances of your job change (such as you changed job because you were afraid that due to market conditions, the company may go out of business or your dept may get outsourced etc etc...)

    P.S. - The attorney is a very renowned attorney and my old and current employers both are Fortune 50 companies.

    PM me if you have any question....




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  • MatsP
    June 6th, 2005, 08:33 AM
    Thanks. I will go back and reshoot this and experiment a bit. The scene wasn't lit by harsh light - high cloud as I recall. I actually deepended the shadows intentionally in the PS CS2 RAW converter - the original wasn't as contrasty. What is interesting is that while the actual exposure of the blown area should be well within tolerances (If I were still shooting B&W film I would have guessed it at around zone 8) it is just the one colour that is blown - and yellow is not one of the 3 channels so it must have actualy been 2 colours. I will have to keep an eye on my histogram display because I don't have the $ for a 1DSMkII!

    Photoshop can show you a histogram of an individual colour. Ok, so it's not as good as viewing it on the camera when you shoot, but it's better than not being able to see it at all.... Also, you can view histogram for a portion of the image in Photoshop by selecting a portion and viewing that.

    You could also view in R/G/B separately in PS by selecting that channel only... That way, you'll see the yellow on it's own.

    Note that Yellow is a combination of RED and GREEN in the camera (as it's "not BLUE"), so look at both green and red in PS.

    --
    Mats

    --
    Mats




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  • srsrsr
    07-20 06:09 PM
    My PD is Nov 2004, I got 140 approved. Im not filing 485 now as im unmarried.
    Any ideas when can be the date current again(for my PD atleast)?



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  • roseball
    05-14 01:34 PM
    H-1B is approved from Oct/1/2009. Currently I should be on L-1B. As per this article, I think I can travel without jeopardizing my future status. They call it the 'Hernandez letter'. Is this true?

    http://www.murthy.com/news/n_cosapp.html

    Thanks..

    Yes, its true. COS to H1 is not active till Oct 1st, 2009. Which means you are still on L-1B till Sep 30th, 2009. You can travel and come back to US as long as you are coming back on the same visa status you applied a COS petition from to change to H-1B, meaning re-entering on L-1B only. You can't re-enter on say a B1 visa and expect your status to be changed to H-1B on Oct 1st. Your COS petition was applied for L-1B to H-1B, so you should be on a valid L-1B status on Oct 1st for your status to be changed to H-1B. Since you are planning to come back on L-1B visa, you should be good to go. If you return on a different status, you will have to file another COS petition to change to H-1B by appending the already approved H1 petition so you wont be counted again agaisnt the H1 quota.

    However, like its mentioned in the Murthy's article you quoted, the Hernandez letter is just a response to a set of questions that were asked and not a law/memo. So incase in future if this causes some doubts on your status, you can just use that letter to defend your situation but it will be upto USCIS to make the final decision. Hope this helps.




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  • harryom
    04-10 11:16 AM
    Gurus:
    I am into 8th year of my H1b and getting it approved every year becuase of pending I-140/I-485 application.

    Situation1-->I recently I noticed my I-94 number with new I-797 approval notice does not match with the one I had only passport. New I-94# does belong to me in tha past I-797 approvals.
    Q1: Is it major problem and do i need to fix it right away or I can wait to apply for extension for next year? My immigration depatment is silent on this , may be because they made a mistake in I-129 petition form.

    Situation2: Even my paspport in I-129 has typo...but I have recetnly got new passport from NYC as it was due for renewal.
    Question2: Do I need to update USCIS with new passport#, if Yes..how?

    Situation3: While submitting I-129 form my immigration dept also did not put in Alien number and I noticed that its not showing up on my I-797 approval notice.
    Question: Is it something that also need fix or shall I wait form next year extension. Is it required in H1b notice as I have pending I-140/485.

    Any suggestions/advice..please share it if any one had similar experience..

    Thanks



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  • gcdreamer05
    08-05 05:11 PM
    Guys n Girls,

    I would like to listen to your views or experience in this matter. As we know, the employer is now required to pay for all fees associated with filing a labor certification (first step in the GC application). Is it legit for the employer to engage the employee in a contract that requires the employee to reimburse all immigration related fees (including the labor cert fee) to the employer if the employee quits the company when the GC petition is pending?

    I guess DOL wants the employer to pay for the labor cert fee. Is it ok for the employer to get it back, say a year later, when the employee quits the company, which in sense would mean that the employee ended up paying for the labor cert.

    Comments please.

    Thanks!

    that is totally illegal and if it happens and if someone complains to DOL then the employer will be in "Lake Soup"




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  • askreddy
    08-16 05:08 PM
    Hi

    The same happened to me in Oregon. Though they have all immigration information about me the person is not able to see/understand and asked me to come after 10days.

    Normally they take 5-6 days if they are really expecting some info.

    Try calling after few days and check with different officer. Not all of the DMV staff are trained to understand all aspects of immigration.

    Thanks



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  • kumargn
    11-15 08:24 PM
    I just noticed that the dates in Chennai are not available for returning H1's. What should i do ??Can i book in any consulate ..




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  • shirish
    04-27 12:05 PM
    I think even if the EB2 I-140 is already approved, you still could port the PD, but most important thing is you need your EB3 I-140 approved for porting the PD. Please talk to a good lawyer.

    Might be an issue as the EB2 I-140 is already approved. Talk to a good lawyer and see what is the best course of action.

    Although it is late now, you should have withdrawn the original LC and refiled in PERM with same PD. That way you would have maintained the original priority date for EB2. Your lawyer must have told you that when you refiled your LC.



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  • Hermione
    10-02 11:50 AM
    Is there a real need to maintain a backup? Meaning if I need to maintain my H1 why should I apply for EAD for myself?

    The only real reason why your lawyer wanted you to apply for EAD is to collect their fees. If you are maintaining H1, there is no need to EAD. If you lose your job, you will most likely have time to get an EAD, or you may even end up doing an H1 transfer.




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  • martinvisalaw
    07-15 12:27 PM
    Required documents for H1B Visa renewal lists the previous employers experience letter...

    Please advise me....

    Thanks,
    Sangeetha K

    Where are you reading this? As I mentioned, an experience letter should not be needed for a H-1B visa application.



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  • sk2006
    07-14 10:48 PM
    Thanks for the quick response...

    Could someone please provide me the co-affidavit letter template.

    Thanks,
    Sangeetha K

    Get it from your lawyer. That is what I did.
    They know what language would be appropriate for your case.




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  • santb1975
    02-14 12:47 PM
    We need help



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  • DudefromBombay
    09-23 01:20 PM
    I am eagerly waiting for the Nov Election results. Can't wait to see Democtas losing House and Senate and can't wait to see the Back of "BARRACK"




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  • smarth
    02-01 09:42 AM
    congratulations...
    We r sill waiting for GC, no idea when I will give message "Received GC"...:-)



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  • Libra
    08-13 11:03 AM
    Members who became seniors on this forum, if you have contributed to IV so far, then can you guys put that in your signature, and junior members can you please think of contributing to IV.

    Contribute to IV and show your support.




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  • kirupa
    12-08 01:58 AM
    Wow, another close one! Congrats to templarian, mugyaded, and flocke for having the top winning entries :cowbell:

    I'll more formally announce this later this week.

    Cheers!
    Kirupa :sailor:




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  • benbear
    11-08 05:06 PM
    I don't think 655K is a lot. Remember, 655K is for both EB and FB.
    Now every year USCIS approved about 700-800K AOS, that mean they
    can clear the 655K in less one year, why 655K is a big number?


    get real man... 655K is lot of applications
    just by plain math these will be done in Five years. If you add name check and other stuff this may be even more.
    Also this time is on the top of what we have already waited for till now.

    When USCIS isnt even providing simple meaningful reports (seperate EB 485 numbers) working with these random statistics is total waste.




    gc_aspirant_prasad
    12-07 08:42 PM
    Most Project managers who get their GC in EB1 category are here on L1 A visa.




    zephyrr
    09-07 01:26 PM
    I was in the same situation as you when I applied. In general, there should not be a problem with MS+0.

    Another alternative is to show the experience gained at your current employer in your application. For that to happen, you should've been promoted to a position in which ur exprience is 50% same as your old position, then you can get an affidavit from your manager stating this fact.
    This is what we had done for my traditional labor. I believe it still holds true for PERM, suggest you talk to the company's lawyer.

    I am in great need of some suggestions. I hold a MS degree in computer science and graduate in 2004 dec. Since then I have been with the same employer.

    Now that he is filing for my LC. Is it difficult to get through with MS+0yrs of expereince ?

    Also, at this point of time i have found other employers who is willing to do my GC in which case I will have MS+2 yrs of expereince.

    Is it worth changing employer for gaining 2 yrs of expereince for my LC.

    Does this really make my case more stronger ? or I am just OVER REACTING ? and doing unneccessary thing

    DOES THE EXPEREINCE with MS makes it better for EB2 ?

    Please let me know if there are some experts out there



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