the_jaguar
03-25 10:46 PM
Thanks for the wishes, folks. I wish you all the very best too. Here are some answers:
You said you didn't get a chance to file for I 485 with company A , means you did transfer H1b. Did company A withdraw before you transfered H1b ? Did you do transfer with in initial 6 year of H1b ?
Actually, my first I-140 was approved after I left the company. For some strange reason, Company A didn't withdraw the application immediately, but waited until it got approved - they were probably hoping that I would go back to them, which I might still do. We parted on good terms.
Yes, I did transfer my H-1B and I was within my initial 6 year period.
Once your I-140 is approved and even if the employer files to revoke the I-140 it will not affect your status. It is at the discretion of the USCIS to revoke the approved I-140. USCIS will revoke the approved I-140 if it detects that it was fraudulently obtained.
Now to answer your question : Even if company A files to revoke I-140 before the individual files for H1 transfer, it does not make a difference to the individual.
In my case, I know that company A filed to withdraw my I-140 for sure. This will be hard to believe, but it's true: both company A and company B use the same law firm, so my lawyer knew that company A had withdrawn my I-140. Yes, the approval is at USCIS's discretion, but this is a grey area - Yates memo says that the priority date can be retained as long as the application has not been revoked by USCIS due to fraud, but the law seems to be a bit ambiguous (I am not a lawyer though). This ends up making each of these cases unique. I am just happy that I didn't have to go through a lengthy MTR process...
You said you didn't get a chance to file for I 485 with company A , means you did transfer H1b. Did company A withdraw before you transfered H1b ? Did you do transfer with in initial 6 year of H1b ?
Actually, my first I-140 was approved after I left the company. For some strange reason, Company A didn't withdraw the application immediately, but waited until it got approved - they were probably hoping that I would go back to them, which I might still do. We parted on good terms.
Yes, I did transfer my H-1B and I was within my initial 6 year period.
Once your I-140 is approved and even if the employer files to revoke the I-140 it will not affect your status. It is at the discretion of the USCIS to revoke the approved I-140. USCIS will revoke the approved I-140 if it detects that it was fraudulently obtained.
Now to answer your question : Even if company A files to revoke I-140 before the individual files for H1 transfer, it does not make a difference to the individual.
In my case, I know that company A filed to withdraw my I-140 for sure. This will be hard to believe, but it's true: both company A and company B use the same law firm, so my lawyer knew that company A had withdrawn my I-140. Yes, the approval is at USCIS's discretion, but this is a grey area - Yates memo says that the priority date can be retained as long as the application has not been revoked by USCIS due to fraud, but the law seems to be a bit ambiguous (I am not a lawyer though). This ends up making each of these cases unique. I am just happy that I didn't have to go through a lengthy MTR process...
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apt29
10-22 03:31 PM
Mine was applied on July12th. My attorney is pressing for refile. is it a good idea to refile? Or is it better to wait?
Thx
Thx
goosetavo
01-31 12:14 AM
By jumping ahead with high-skilled immigrants of course! =D
Great press release IV, great to see IV getting out there. Now it's time to knock on some doors in our local districts.
Great press release IV, great to see IV getting out there. Now it's time to knock on some doors in our local districts.
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shivarajan
04-04 03:06 PM
Did a hasty click... thought the poll was for pd date (and missed the invoice part of it). Suspecting others also might have done the same.
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gsc999
01-08 04:41 PM
you guys are missing the point. contest rules have to be followed to the letter because they are a legal contract. if the rules state that the parents have to be legal residents then that's the way it is. if they decide to change the rules for the next contest due to political pressure , fine. but now they are opening themselves up to lawsuits for not following their own contract. i think it's funny how so many people are in favor of breaking the law as long as it suits their agenda. oh wait these are all people in favor of people breaking the law to come to america illegally. correct me if i'm wrong.
------
Toy-R-Us's decision to award $25K bond to all three babies is a result of economics and not that much of political pressure, altough that is the catalyst. They recently opened their store in China. They don't want -ve publicity, this is economics not politics. With the dollar falling through the basement, MNCs are diversifying their Sales mix outside of US, altough, that is not the only reason.
------
Toy-R-Us's decision to award $25K bond to all three babies is a result of economics and not that much of political pressure, altough that is the catalyst. They recently opened their store in China. They don't want -ve publicity, this is economics not politics. With the dollar falling through the basement, MNCs are diversifying their Sales mix outside of US, altough, that is not the only reason.
nk2006
05-01 07:54 AM
It does seem random. A collegue of mine sent his application on the same day as mine in Dec - his 140 is approved a month ago and I am still waiting (both are EB2; both are similar job types with same company; but he is from ROW and has 485 current dates and poor me is from a retrogessed country).
EB2 I140 @ Texas receipt date: 21st Dec 06
Notice date: 3rd Jan 07 (not sure if this is the receipt date but there is an update on this date)
Processing type: Regular
Current status: PENDING
EB2 I140 @ Texas receipt date: 21st Dec 06
Notice date: 3rd Jan 07 (not sure if this is the receipt date but there is an update on this date)
Processing type: Regular
Current status: PENDING
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starone
10-29 11:52 AM
Lazycis,
Can you share here or by pm the letter which you wrote to revoke your previous Attorney? I am also in the same boat where i want all my correpondence sent to me.
Can you share here or by pm the letter which you wrote to revoke your previous Attorney? I am also in the same boat where i want all my correpondence sent to me.
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kriskris
02-24 04:10 PM
In 2-3 weeks span..
Can you please tell us the IRS address where you sent the request for updating ITIN with SSN.
Can you please tell us the IRS address where you sent the request for updating ITIN with SSN.
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gconmymind
07-29 02:51 PM
Are you sure Systems Analyst and Director of Development are considered "similar" jobs? To me it does not sound like similar jobs. Systems Analyst is a technical job whereas Director is purely managerial position.
Let me know if you have documentation on "same/similar".
Let me know if you have documentation on "same/similar".
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ramaonline
11-19 03:16 AM
F1 requires non-immigrant intent. Change of status to F1 may be difficult once you have filed for I140/485
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snathan
11-05 11:44 AM
you can help himm
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lee.cook
January 30th, 2008, 02:36 PM
Hello,
It really depends on what you're wanting the camera for, i've looked at that cybershot and IMHO I dont like it, the design isn't for me.
The Canon EOS Rebel XT and XTI are both very good camera's and are both in your budget, the only major different is the zoom, the cybershot has 20x and the standard dslr lens is only 3x.
Rebel XT http://www.amazon.com/Canon-Digital-Rebel-XT-f3-5-5-6/dp/B0007QKN22/ref=sr_1_1?ie=UTF8&s=electronics&qid=1201725259&sr=1-1
Rebel XTi
http://www.amazon.com/Canon-Digital-10-1MP-18-55mm-3-5-5-6/dp/B000I1ZWRC/ref=sr_1_1?ie=UTF8&s=electronics&qid=1201725290&sr=1-1
I believe that the CANON dSLR will serve you better, but like I said it all depends on what you want, the CANON is a highly flexible camera and is a high quality digital camera that will last you for years to come.
It really depends on what you're wanting the camera for, i've looked at that cybershot and IMHO I dont like it, the design isn't for me.
The Canon EOS Rebel XT and XTI are both very good camera's and are both in your budget, the only major different is the zoom, the cybershot has 20x and the standard dslr lens is only 3x.
Rebel XT http://www.amazon.com/Canon-Digital-Rebel-XT-f3-5-5-6/dp/B0007QKN22/ref=sr_1_1?ie=UTF8&s=electronics&qid=1201725259&sr=1-1
Rebel XTi
http://www.amazon.com/Canon-Digital-10-1MP-18-55mm-3-5-5-6/dp/B000I1ZWRC/ref=sr_1_1?ie=UTF8&s=electronics&qid=1201725290&sr=1-1
I believe that the CANON dSLR will serve you better, but like I said it all depends on what you want, the CANON is a highly flexible camera and is a high quality digital camera that will last you for years to come.
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KKtexas
05-05 11:32 AM
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immi_seeker
09-11 06:21 PM
There has been a understanding that the number of EB cases (EB2+EB3) with PD of 2005 is very less compared to previous years (close to 8000 i believe). If thats the case and assume 2004 cases are cleared why didnt the VB make more advance movements?
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Tantrik Swami
November 19th, 2004, 06:37 AM
I have exactly the same problem ... happened to me two days back ... i dont know what to do ... HELP ... and if you guys get a reply from Nikon ... please let me know ... thanks ...
PS.: I got my camera off the gray market ... so cant get any warranty claims ... :(
PS.: I got my camera off the gray market ... so cant get any warranty claims ... :(
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desi485
09-16 02:30 PM
There is no risk. I recently traveled and came back on AP and I changed jobs and no longer work with sponsoring employer.
There is always a nut case if you are not lucky and will probably cause some grief, but will not stop you from entering US.
I myself have travelled using AP and the experience was plesant. Also I have not heard about anybody who was NOT ALLOWED to re-enter with a valid AP in hand. Very rare few ppl reported rude treatment but still they were finally allowed. Hopefully, you should have a trouble free - stress free experience. Good Luck!
There is always a nut case if you are not lucky and will probably cause some grief, but will not stop you from entering US.
I myself have travelled using AP and the experience was plesant. Also I have not heard about anybody who was NOT ALLOWED to re-enter with a valid AP in hand. Very rare few ppl reported rude treatment but still they were finally allowed. Hopefully, you should have a trouble free - stress free experience. Good Luck!
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atlfp
04-08 03:17 PM
The raw majority definitely counts. The reson S.1932 failed was because it was an extremely republican bill -- it went through without a single democrat vote. A small fraction of republican was able to black mail the visa numbers stuff because of republican can not afford to lose any single republican vote. They needed all of them to get it trhough. In another words, those anti-immigration guys did not build a coalition against legal immigration, as they still can not today, they simply black mailed it.
The situation for PACE act is definitely different. PACE enjoys broad support from both side. It will be very difficult for any of those anti-immigration guy to play the same kind of trick again. It simply won't work.
Your belief in raw majority votes in the conference is touching. ;-) But all it takes is one person -- one Sensenbrenner, or equivalent to build a coalition within the conference, and one house leader to pick and choose the members of the conference.
To reiterate -- 20% of the house is in the House (Anti) Immigration Caucus. The house bill was voted in by a clear majority. Chew on that.
The situation for PACE act is definitely different. PACE enjoys broad support from both side. It will be very difficult for any of those anti-immigration guy to play the same kind of trick again. It simply won't work.
Your belief in raw majority votes in the conference is touching. ;-) But all it takes is one person -- one Sensenbrenner, or equivalent to build a coalition within the conference, and one house leader to pick and choose the members of the conference.
To reiterate -- 20% of the house is in the House (Anti) Immigration Caucus. The house bill was voted in by a clear majority. Chew on that.
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amsgc
07-31 09:40 PM
I don't think your mom should overstay the visa - not a good idea at all.
Try to see if she spent time outside the US when she was on H-1B. For example, she may have taken a few weeks off each year to visit her home country - you can recapture that time.
BUT, as kaiser mentioned, not sure how your grandfather applied for your mother in the first preference category. Double check that. As someone else mentioned, the dates in the family preference move very slowly.
Try to see if she spent time outside the US when she was on H-1B. For example, she may have taken a few weeks off each year to visit her home country - you can recapture that time.
BUT, as kaiser mentioned, not sure how your grandfather applied for your mother in the first preference category. Double check that. As someone else mentioned, the dates in the family preference move very slowly.
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vinzak
06-17 12:45 PM
I'm not a lawyer so please don't take my thoughts as the ultimate truth.
It's illegal for you to work on an F1. But it's not illegal for you to be a sleeping partner in a business. So I guess you can setup a company with a citizen/GC partner and sell yr app thru that and collect the proceeds as dividends.
Or you can also register a company in your home country and sell the app through that. So technically u wouldn't be making money in the US.
There are a million ways around these laws. The question is are you gonna make a lot of money? If you are, you can afford lawyers up the wazoo to make yr case.
So pursue yr dreams and stop worrying about silly things like immigration laws if you have a big idea.
For inspiration, look up Phillipe Kahn on wiki. He started working as an illegal immigrant programmer for HP, and became one of the greatest forces in software.
Hope that helps.
It's illegal for you to work on an F1. But it's not illegal for you to be a sleeping partner in a business. So I guess you can setup a company with a citizen/GC partner and sell yr app thru that and collect the proceeds as dividends.
Or you can also register a company in your home country and sell the app through that. So technically u wouldn't be making money in the US.
There are a million ways around these laws. The question is are you gonna make a lot of money? If you are, you can afford lawyers up the wazoo to make yr case.
So pursue yr dreams and stop worrying about silly things like immigration laws if you have a big idea.
For inspiration, look up Phillipe Kahn on wiki. He started working as an illegal immigrant programmer for HP, and became one of the greatest forces in software.
Hope that helps.
crystal
12-06 09:33 AM
NSC people have gotten 3 copies. but I think both TSC and CSC people have gotten only 2 copies. There is no need to worry I guess.
I just have 2 copies of AP.....should I have gotten 3????.
Please advise
I just have 2 copies of AP.....should I have gotten 3????.
Please advise
ars01
06-27 10:52 AM
If H4 person was always on H4, they never had an A#.
If H4 person ever got an OPT before and are now on H4 they can use that A# in the I-485 application. (The same applies to H1 person as well) I guess it should not be a problem if you forget to mention if you were ever assigned one in the past, but it won't hurt if you can mention if you can remember it. Everyone on H1 at this time do not have a current A# but may have been assigned one in the past (e.g. OPT).
If H4 person ever got an OPT before and are now on H4 they can use that A# in the I-485 application. (The same applies to H1 person as well) I guess it should not be a problem if you forget to mention if you were ever assigned one in the past, but it won't hurt if you can mention if you can remember it. Everyone on H1 at this time do not have a current A# but may have been assigned one in the past (e.g. OPT).
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