Monday, June 13, 2011

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  • ss_col
    08-13 01:15 PM
    Hi,

    Can you tell me what your lawyer sent to the USCIS. How did he link the approved 140 to the pending 485. Did he fill any form? I am in the same boat. My both 140's are with the same company though.

    Thanks





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  • neelu
    09-15 03:55 PM
    Thank you, FromNaija, again. I appreciate your taking the time to respond in detail.

    Also thanks for the nice words. They have a nice ring to them especially since I was expecting an RFE. You made my day with those words even if they dont turn true (those words are the closest I have ever come to a GC). Hope you are right. But I am not getting my hopes too high. :)

    Wish you also good luck!


    I don't think it happens automatically. You will need to ask to be accorded the earlier priority date or if interfiling you will also initiate the process by asking that USCIS substitutes the previously submitted I-140 with a new approved one. The time to do that is when the PD on the newly approved 140 becomes current.

    From your explanation, now that your old PD is current and the 140 for that is approved, you will have to ask that interfiling occur by sending a letter to USCIS with a copy of the new 140.

    If you have done this, then the message you got could be that USCIS is ready to review your file by October. A congratulation may be in order here because I believe you will soon get your GC.





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  • ronhira
    02-19 07:40 PM
    This website seems to have some viruses or spywre be cautious when you open

    y u r scaring everyone into not visiting Life of an I.T. Grunt | Notes From The Trenches of Software Development. (http://www.)...... i visited the site many times & there was no virus...... u can hide but u cannot run from anti immigrants...... ever heard of Godzilla principle...... face the reality now to fight it or face the Godzilla later......





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  • ranksxy
    12-14 01:44 PM
    geesee_99, listen to Rajiv Khanna's call on Nov 29. You can find it in the recordings section on his website.
    http://www.immigration.com/improving_immigration/conference_calls.html

    After around 10 mins in this call, he answered a question where a guy said that his 140 and 485 were pending and recently the 140 got rejected. Rajiv told him that he could file another 140 and interfile it with 485 to save his 485. So you might want to consult a lawyer and save your 485.



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  • shana04
    01-26 12:26 PM
    I am in the same boat and need to get my address updated. So what I understand from above posts is that there is no need to do paper based AR11 and can just do it online for I-485, EAD as well as AP, right?? Once done, just keep printouts for records , thats it???

    Can someone please confirm.

    one thing to notice is that you get soft lud's with in one week





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  • gcformeornot
    09-25 03:41 PM
    Hello,

    I had taken advantage of concurrent filing. I have I-140 approved and I-485 pending for more than 180 days. I already have my EAD.

    Rumours are that my company is in the process of layoffs. Can anyone enlighten me on my options?

    1. Can the employer revoke my I-140? YES
    2. If so, will I loose my PD and have to restart my GC process? Once 140 approved you would not loose PD. Also since its more than 180 days, you are protected under AC21 provisions.
    3. Do I have to invoke AC21 immediately? IMHO YES
    4. What options do I have to keep my current file alive?
    5. Any situation I need to be aware at this point?You should look for new job asap. Also get a EVL from new employer. USCIS is known to act on 140 revokation

    Appreciate your response!..



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  • brawn81
    08-11 10:45 AM
    Hi WillWin,

    Can you add 2002,2003,2004 also, so that its easy to estimate for the later dates and count how many are ahead of us..





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  • ash0210
    12-17 09:40 PM
    Can any senior Guy/Guru confirm this...

    "USCIS have suspended the AC21 act" is it so? And when USCIS suspended AC21?


    If u look at the distribution for the fiscal year 2005, EB-2 did not use much of the surplus AC21 numbers. So why is EB2 retrogressed for India and China now. As somebody indicated in other threads, the USCIS may have suspended the AC21 act.



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  • mdross2
    11-26 12:39 PM
    Thank you so much for your response.

    So If I understand correctly I will have to staple the current I-94 (bottom part of I-797) from company C to my original I-94 in the passport i.e the I-94 I got at the time of entry (the one which has the company A info , I mean the type of visa , valid till etc.)

    What abt the I-94 from company B(the one which I have the copy of) . Does it need to be stapled too while I am leaving US ? If yes, can I staple the copy ?

    Thanks again for your time.





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  • Enebreus
    01-20 10:13 AM
    I thought it was kind of inherent in a programming competition. If he would allow external libraries, the contests could become jigsaw puzzle contests where the person who could find the best open source libraries, and piece them together properly could beat someone who made something completely from scratch.


    I appreciate where you're coming from.

    When I interpreted the rules/intent of the competition I didn't see anything wrong with using Box2D.

    I think I made something awesome no matter what happens. I'm happy with the final product and everything I've learned making it. I'd just hate to see it disqualified because someone assumed I'd know not to use external libraries or external audio.




    ps: can you post your code? and btw... i like what you did with your swarming code :)
    You can grab the earlier version of the Swarming code from my blog here:
    http://blog.organa.ca/?p=34
    I share the code for most of my projects so feel free to browse around.

    In order to share the current version I'd have to do a lot of cleaning up... for example I wrote 5 different ways of handling broad level hit detection. At this point I would have to rewrite it to make it sharable.



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  • nshantha
    07-18 02:36 PM
    Why you want to mad on him, What is there to become mad on him.

    Sorry admin, I got mad at this guy.





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  • now2know
    May 18th, 2005, 07:21 AM
    I just realized that I didn't explain what HDR is- The idea is to take a series of more or less 10 photos with different shuttle speeds and then composite them into one unique image that will capture all the light effect due of the high range of the natural light.



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  • calgirl
    08-15 07:54 PM
    Folks,

    If I contact a Senator and they probe TSC for status, will my lawyer or the firm come to know I initiated this?

    Any ideas.?
    Thanks.

    Now that our PD dates will be current for more than 30 days (based on next months visa bulletin), can we use Odbumsman 7001 form

    Or Can we expidetite the process, as when ever we call IO they give this BS explination saying that we can only expedite if your dates are current for more than 30 days and your file is still pending.





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  • rameshnaik
    08-06 08:19 PM
    Yes, I saw a LUD on approved I-140 on 07/13.



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  • bhavingreat
    09-22 05:09 PM
    hi,
    Thank you all for your reply.

    I have no intension of leaving the company, the mgmt is asking me to take the pay cut at this time and they will pay me back after 1 year. so i don't see any issues like they are not willing to pay or anything. I was just trying to get an idea whether this might effect on the green card or not? like, you should get the salary mentioned on file atleast for next 6 month.

    Thank you again for all replies.





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  • akhilmahajan
    06-27 12:08 PM
    Can you please share your recept date?
    Thanks a lot.



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  • solaris27
    01-29 09:19 AM
    1. Can USCIS deny 485 solely due to lack of BC/NABC ? if yes then What are the chances of denial ? No chance - i did for me and got GC .

    2. If the officer does not think that consulate BC is enough, will they deny 485 or issue another RFE? consulate BC is NOT enough .

    3. Do you know anyone whose 485 was denied simply for no BC/NABC reason?

    NO

    4. My 485 was (wrongfully) denied few months ago when my ex revoked the approved I-140, could this affect the future processing of the case -vely (i hope not) ? no





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  • md2003
    04-02 09:35 AM
    I see each Attroney has different opinion on PD retaing when previous employer cancel the i140.

    Rajiv Khanna -- He always thinks we can carry PD.
    Murthy -- Every week she gives different answers
    Mathew oh --- He gave different answers
    Susan --- She thinks We can carry PD. But i heard only one conference call.


    Not sure which one is correct.





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  • gk_2000
    05-15 09:57 PM
    Most probably this is just an eye candy for us, to be eaten and excreted. But, I hope I am dead wrong!





    scabal12
    06-12 06:56 PM
    Thanks for all the information. Mine and my spouse's I-140 was approved 2 years ago. So, I guess I can apply for my EAD and live in this country legally.





    karthic
    12-19 08:26 AM
    Hi a_yaja,
    Thanks for you reply. Sorry i didn't post the entire paragraph from the memo. I have attached the USCIS Memo with this post. You can see the following paragraph on the page 17 of the Memo


    My Inference from Memo:
    When a cap-exempt employee files for concurrent application with cap subjected employer then the employee will be counted against the cap only if he stops the employment with cap-exempt employee. If the UCSIS finds that employee have not ceased from cap-exempt employer then UCSIS won't consider the petition against cap. In other words the concurrent petition will be approved but still the employee won't be counted toward cap.


    Please let me know if i am wrong. Thanks

    Below is the paragraph from the attached Memo


    Requests for Changes in Employment or Concurrent Employment Requests
    for Certain Cap-Exempt Aliens.

    Any alien who ceases to be employed by an employer described in
    paragraph (5)(A) shall, if employed as a nonimmigrant alien described in
    section 1101(a)(15)(H)(i)(b) of this title, who has not previously been counted
    toward the numerical limitations contained in paragraph (1)(A), be counted
    toward those limitations the first time the alien is employed by an employer
    other than one described in paragraph (5). (Emphasis added.)

    Documentary evidence, such as a current letter of employment or a recent pay
    stub, should be provided in support of such a concurrent employment petition at
    the time that it is filed with USCIS in order to confirm that the H-1B alien
    beneficiary is still employed in a cap-exempt position.

    At the time of filing of a concurrent employment H-1B petition that is subject to
    the numerical limitation of 214(g)(1)(a):
    � If the H-1B alien beneficiary has not �ceased� to be employed in a cap-
    exempt position pursuant to INA �� 214(g)(5)(A) and (B), then he or she will
    not be counted towards the cap.
    If the H-1B alien beneficiary has �ceased� to be employed in a cap-exempt
    position, then the alien will be subject to the H-1B numerical limitation, and
    the concurrent employment petition may not be approved unless a cap
    number is available to the alien beneficiary.
    If USCIS determines that an H-1B alien beneficiary has ceased to be
    employed in a cap-exempt position after a new cap-subject H-1B petition has
    been approved on his or her behalf, USCIS will deny any subsequent cap-
    subject H-1B petition filed on behalf of the H-1B alien beneficiary if no cap
    numbers are available.



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