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  • sanan
    06-05 08:29 AM
    I got mine today! 5 year long wait ...Phew!!
    Although I am yet to file for my wife...who is on H4...what happens to her status?

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  • 2008FebEb2
    09-17 04:27 PM
    Plase make those Calls...

    Is'nt the voting on the bill scheduled today? :confused:

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  • gc_chahiye
    08-01 08:09 PM
    depends on what the job required per your labor cert. If it said 2 years, then even if you have 36 years of industry experience you need experience letters for only 2 years.

    If you are going for EB2 and your LC says MS+1 year of experience, you need experience for 1 year. If your LC said BS+5 years you need 5 years worth. If your LC said the job requires expertise in VC++, your experience letter must mention VC++.

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  • GCneeded
    11-08 12:24 PM
    Hello Everyone,

    Thank you everyone for the responses.

    RBharol, My parents did not overstay last time. Even though they have 10 yr multiple entry and 6-month validity on I-94, they stayed only for 3 months. My concern was that my brother who had sponsored their visa is not living in USA anymore and was questioning the validity of their visa.

    I had posted this question on other forums and the general consensus has been that my parent�s visa is still valid and should not be a problem. I am trying to talk to a lawyer and will post the response I get.


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  • Dipika
    06-20 12:51 PM
    Cant attend own brothers wedding because we are scared of the possibility of MAYBE getting a delayed visa stamping?? what kind of life is that? ....

    You can go to Mexico (Methamoras OR Tijuana) to get visa stamp, then go to india. It's very quick and easy to get an appointment. i did it on last october and then went to india within month and came back in Jan 2008.

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  • p_aluri
    08-03 06:51 PM
    I would say second one is correct...

    Hi All,

    I am not sure whether this has been answered earlier. Here is my situation.

    My H1b is getting over by Jan 2008. My I-140 approved and I have filed my I-485 in July 2nd 2007. I contacted my company law firm and one of the top law firm about 3 year extension. Here is the answer

    Attorney from company law firm:- Since you have applied for I-485 you will not be eligible for 3 year or one year extension. The only stage when you can apply for 3 year extension is when your I-140 is approved and the PD is not current. Since there was a time the PD was current and you applied for I-485, you will not be eligible for 3 year extension. Even if you apply you will get rejected.

    Then I contacted the other law firm mentioning about the above law firm comments and here is the reply.

    Attorney from one of the top law firm:-The law firm is simply reading things wrong. You can file for the three year extension as long as there is not a visa number available. Therefore, if the I-485 was filed and then the visa numbers became unavailable, as is the case right now, the three year extensions are possible. I would see if you can request the law firm to reread the rule that permits the three year extensions. They are reading it too narrowly. We follow this procedure successfully all the time.

    So I am confused in this case and my employer will believe in what the company law firm will say.

    So I am trying to get an opinion from any one who was in this situation and got a 3 year extension and who is right?



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  • shar533
    05-23 11:03 AM
    Mr Aggarwal
    Thanks a lot for clarification. So that means I dont have to worry about anything and if USCIS approve my case that shall be for 1 year and 4 days.

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  • wandmaker
    10-26 10:51 AM
    You can extend your h1 by 1 year, if you labor has been pending more than 1 year. 3 year extension is allowed when you have the approved I-140.

    If your labor is pending 180 days you can apply for a 1 year visa extension. If you get your I-140 approved under premium processing after your labor approval and before you visa expires you can apply for a 3 year visa extension. You can apply for any other new visa L, J, F etc., and continue to stay inside the country but not H visa otherwise you have to be outside the country for 1 year.

    I hope this helps and good luck on your green card pursuit...


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  • Dipika
    08-28 01:04 PM
    To all,
    If your EAD is not expiring soon (within 10 days) and your EAD renewal is still pending, there is chance that your expedited request may not be processed at all.

    good. finally calling USCUS helps and your wife got EAD.:)

    in my case i have applied for EAD/AP on 31st July and the same way, i got direct CPO email (no case Approved..) on 26th Aug. spouse AP approved on 20th Aug (but on my AP and spouse EAD still no LUD)

    so no one know in what sequence USCIS is processing EAD/AP/485!

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  • vivache
    10-04 05:42 PM
    Hi Thomas
    That sounds perfect.
    To clarify.
    1. When did you go for the stamping?
    2. Does this mean that you just fill the online form and then go to teh embassy on the designated day. No need to go to India and do this :"If you are submitting your forms to our application centre in Mumbai you must submit at least 3 working days in advance."


    I got my visa stamping from mumbai conuslate. Its pretty easy. Take an appointment through VFS by getting a HDFC bank receipt after paying the fee. Check on the VFS site when is the available date. and then follow the link and book the appointment. You will get forms which are populated. If you have any mistakes in the form i think you can correct it at the mumbai consulate too. When you enter the consulate they will hand you the original form which you filled and then ask you to fill whatever you had missed out using your pen. you have to wait till your number calls out and then you get visa stamped and passport posted.


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    02-24 09:04 PM
    Can someone with knowledge in matter please help. If I change the status to from H1 to H4 using form I-539 and submit my resignation to my employer, he is most likely going to request USCIS to cancel my H1. Is it possible even in these cases to apply again for a change of status back to H1 from H4 after a year if I get a job with another employer without having to go through the quota? Thanks for your help.


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  • sparky_jones
    09-30 07:49 PM
    Thanks for your response. I guess option 1 would be preferable. However, the fact that there is no straightforward way of confirming if USCIS took action on the request to remove the attorney is a little unnerving.

    Option 1:
    You could write a letter to USCIS to let them know that this attorney who filed your I-485 does not represent you anymore and future correspondence be addressed to you directly and also to revoke the G-28. You will not get any letter from USCIS confirming that your request was processed.

    Option 2:
    You could hire a new attorney to represent you. In that case he would file a new G-28, the USCIS does send a letter confirming that they accepted your new attorney representation. Meanwhile, until this happens, all the correspondence will go to the old attorney who could potentially screw up your case.

    If you are lucky enough and don't get a RFE till the new G-28 is accepted, You are SAFE. Also, any attorney you hire will charge you the FULL fees for I-485 filing that will be at least $3000.00 plus additional $5000.00 (If your case gets complicated). My best bet for you is to use option 1 and save your hard earned $. As you'll be taking your chances anyways.

    You should urge LIVE to start up an emergency rescue service (similar to what AAA does), i.e., to get an attorney who would help taking up cases for members only who suffer from unscrupulous attorneys for free and charge a low monthly membership fees till one gets the green card. I hope someone from LIVE is reading this post?


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  • yabadaba
    08-14 04:02 PM
    not that kind of a physician..not on your life pal :p

    another thread, another poll. guys all this is already being discussed in so many threads...yes including the esteemed MR WILLIAMS.
    there is a thread opening up for every mailroom chap in USCIS
    Please stop this. it's not helping anybody. use the multitude of threads that exist and keep this stuff together. otherwise any info you hope to gather is going to be too fragmented anyway...
    well since the professions are moving into hybrid roles...maybe u can diversify ur specializations. :D :D :D

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  • gcgonewild
    07-29 02:27 PM
    Spillover from Family to Employment will occur for FY 2010-2011. Not for September.

    Family spillover for 2009-10 is approximately 10500, and is already allocated.

    We wouldn't know this number until DOS publishes Immigration Statistics for 2010.

    My lawyer says there is going to be about 5-10K spillover from Family to employment based. Gurus can you estimate how much dates will move if that happens. I am hoping nothing for EB3 though :(


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  • alanoconnor
    04-10 07:29 PM


    Can the employer refile a labor certification application filed under the previous permanent labor certification regulations under the new streamlined system and retain the filing date of the original application?
    Yes, if a job order has not been placed pursuant to the regulations in effect prior to March 28, 2005, an employer may refile by withdrawing the original application and submitting, within 210 days of withdrawing, an application for an identical job opportunity which complies with all of the filing and recruiting requirements of the new PERM regulation.

    NOTE: Indicating on the Application for Permanent Employment Certification, ETA Form 9089, the desire to use the filing date from a previously submitted application, i.e., marking "yes" to question A-1, is deemed to be a withdrawal of the original application.

    NOTE: If a job order for an application has been placed by the State Workforce Agency (SWA) as part of the traditional recruitment process under the regulations in effect prior to March 28, 2005, the employer is prohibited from refiling the application and retaining the original filing date. However, if an employer placed a job order as a recruitment step in a reduction-in-recruitment application, the job order is not considered a job order placed by the SWA as part of the traditional recruitment process and the employer is permitted to withdraw and refile.

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  • sunny1000
    06-19 07:12 PM
    The below thread has a lot of info.


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  • MatsP
    June 1st, 2006, 09:06 AM
    Telling other people what lenses to buy (or not to buy) is often hard, for several reasons:
    - You probably have a better idea what you want than I do.
    - Before you posted here, you probably have made your mind up somewhat.
    - My personal preference doesn't really match yours.
    - etc, etc.

    That's never stopped me from trying to tell people what to do, tho'! ;-)

    Now, what lens you should buy depends VERY MUCH on what you want it to do. A 70-300 will be an "OK" lens, it's a budget version - but as you say, it's a lot of money to you, and telling you that you'd get a much better lens if you spend 3x or 5x the money will not really solve a problem.

    The things you should consider, however, is if it's going to be good enough for the things you mention:
    - Landscapes - a 70-300 lens is probably too long most of the time - your 18-55 is probably a better landscape lens.
    - Portrait - Yes, certainly. It's a bit too small an aperture to be a GOOD portrait lens - you want something around f2.0-2.8 - but unless you buy a SPECIFIC lens for portraits, you'd probably not going to get there for anything but A LOT of money.
    - Macro . The close-up distance is 5'/1.5m. Depending on the size of insects/flowers and type of photos you want to take, this may be fine or not close enough. However, it's pretty easy to simulate this in the shop, using for instance a coin some such instead of the flower/insect. So if you think that the smallest flower you'd ever want to get a real close-up of is the size of a quarter, lay a quarter on the floor, and try to take a picture of it with the 70-300 lens... Do you get close enough to fill most of the frame, or does it look like a bit lonely with lots of space around it? Can you accept it? Obviously, most insects are slightly smaller than a quarter - except for butterfly's.

    There aren't many other options to replace the 70-300, that are reasonably low cost. I'm sure you could find some sigma or other non-Nikon brand lens that is less expensive and do roughly the same, with approximately the same result and the added risk that it's not quite as good at working together with the Nikon camera - at least if it's a Nikon camera and lens you can complain to ONE place and hopefully getting it fixed, rather than being stuck between two companies that neither will take responsibility for your equipment not working... [Although Sigma is more likely to fix a non-compatibility problem than Nikon, of course].

    I just noticed that Nikon actually has three different lenses of roughly the same range, a 75-300/4.5-5.6, 70-300 4.0-5.6D ED and 70-300 4.0-5.6G - the latter is a lot cheaper and specifically designed for digital SLR (using smaller lens-elements since the sensor is smaller than the original 35mm film). Not sure if there's much optical different between them. ED should be slightly better optically (and you'd hope so for more than double the price!).

    There are a few things that come to mind:
    1. If you are SERIOUS about macro photography, you probably want to get a proper macro lens - they get MUCH closer to the subject. There's a Sigma 50/2.8 that costs about $300 which will be a good starting point. A poor mans version is "macro filters", which is basically a screw on lens that goes on the front of the filter screw of your usual lens. They are not quite as good optically, but at least allows you to get close enough to get the subject. The macro lens would also be good as a portrait lens, if you want to get a bigger aperture for that.

    2. If you really want to do "big" landscapes, you may need some more wide-angle than the 18-55 gives you. That's obviously not NECESSARY, but for some scenery, it's hard to get far enough away from the subject with a longer lens. Unfortunately, there's really no substitute for dollars here, you'll have to pay for it or not get it, so no easy solution. A Sigma 12-24mm is $689, and that's obviously a lot of money... [Yes, you can get screw on wide-angle lenses too, but if the close-up ones are OK, these aren't - making wide-angle lenses is HARD - magnifying glasses aren't too difficult to make!]

    3. You'll almost certainly need a tripod - both for landscapes and macro photography.

    Finally: Whilst it's good to consider the purchase, waiting TOO long will make you miss oppurtunities of using the equipment.

    Best of luck, and please feel free to ask further questions...


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  • samcam
    05-19 11:32 AM
    Welcome to our newest guest alex_dong.. 3872 members and counting!!

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  • txh1b
    04-16 02:31 PM
    Other option is Try to get from University. They will have the copy for the sure.

    OP already did that and they seem to have purged it as per his first post.

    03-14 11:22 AM
    I just came back from bombay. I did not have an AP. I went to the consulate for stamping. If you are maintaining valid h1b status and have a stamp, there is no issue at all. Just carry your I-485 receipt with you and make sure you mention it at POE.

    Hi nfinity,
    I am planning to get H1B from Mumbai consulate in April, with my i-485 pending. It was good to read your post about successful stamping at mumbai consulate. I would appereciate if you can share you experience at
    1. mumbai consultate,
    2. POE
    3. If you have any additional tips.


    06-08 01:03 AM
    I think its your LC job requirements which governs EB2/EB3. For EB2 classification on your I-140, your job must require 'Masters' or 'Bachelors+5Yrs Experience' on Labor Certification.

    My Job ad says: Sr Business analyst wanted ... with MS/MBA or foreign equivalent with 5 yrs exp.

    I have
    BSc in physics - 3 yr India degree
    PG diploma in Instrumentation - 1 Yr India PG diploma
    PG dip in marketing mgmt - 1 Yr India PG dip (E learning)
    PG dip in buiness admin - 1 Yr India PG dip (E learning)
    MBA - 3 Yr India PG degree (E learning)

    6 yrs in healthcare, 2 yrs in sales, 5 yrs as Business analyst with Indian s/w vendor. 13 yrs in total.

    Does my job ad allow me to qualify for EB2? Will I have any issues at my I-140 stage? Pls share your thoughts

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