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  • Dhundhun
    06-08 01:36 PM
    Dhundhun,
    Thank you for your earlier help. I have one more question. My I485 with approved I140 EB2 catagory PD June 2006 is pending and God knows for how many days. My job as Mechanical Engineer is stable and employer is willing to help me. I have a PhD in Engineering with about 30 years experience in industry and teaching. However, because of industry work I do not have many publications. I am a Fellow of IEI and a recognised PhD guide in Indian University, can get good recommendations too. Can I try for EB1 in some catagory?
    Thanks again

    This site gives broad description of EB1 and its classification:
    http://www.visaus.us/pages/greencard-EB1.htm

    This is speciality area for lawyers: Can they put in EB-1(b) catagory, which is dependant on research/publication or EB-1(c) if on very senior management?

    I think enough publications are required for EB-1(b), my couple of my friends with PhD could not get enough evidence to be placed in EB-1(b).





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  • Brasco
    January 28th, 2008, 12:51 PM
    Shannon
    Let me qualify by stating I don't have a D40x. There are a bunch of things you can do, depending on the specific problem. However, if you can set the autofocus points, then set the center point as the default. That way the camera will only focus on what's dead center in the lens.

    You also need an aperature that will give enough depth of field. You don't necessarily need the whole shot in focus, just the right part of the shot. The exact aperature is going to depend on the size of lens you use. A telephoto will require a higher aperature than a wide angle lens to get more depth of field. There are DOF charts available on the internet. The aperature you use will also depend on whether you are using a flash. Also, are you sure it's a focus issue and not a motion issue. A bounce flash may not be the best way to stop action of a young'n.

    It's really hard to diagnoze without specific examples but maybe this gets you started. I'm sure others will contribute as well.





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  • raysaikat
    08-22 02:48 AM
    Thanks for your suggestions - minimalist,prem_goel,gconmymind.


    If she attends for the visa stamping in India,
    1) When can she go to consulate - before October 1 or after October 1.

    Anytime. In particular, she can go to the consulate before Oct 1. Usually the consulate gives a visa stamp with validity date no earlier than 15 days from the start of the H1-B status (Oct 1 in this case). Since she will return after Oct 1, there will be no problem.

    2) Does she needs to carry the H1 documents as new H1 candidate or it is a different list. ( She is in here for almost 1.5 yrs on h4, she will not have paystubs. ) . if different can you pls provide me the link where i can find the same(H4 to H1 visa interview).

    She will be a new candidate. Her 6 year clock for H status has already started, though. I.e., she only has 4.5 years left.

    3) While leaving the country which I-94 she need to give it back(the one with new h1 petition / the I94 which she received she came in as H4)


    Her I-94 for the current status (i.e., the one she got when she entered as H4). The new I-94's validity date should be Oct 1; i.e., it is not in effect. However, when she reenters, she will get a new I-94 reflecting her new status. So the I-94 that is attached with the I-797 form will never be used.


    4) Can they ask for more details like client letter,etc - chennai

    Yes. The consulate will of course treat her like any other H1-B visa applicant. The consulate should ensure that the employment is legitimate and she has the right skills claimed in the LCA.

    If she plans to come back on H4
    1) Will she have any issues at port of entry. Can they ask why she is coming on H4 if she has H1.

    Thanks in advance.

    Not sure I understand the question. If she chooses to come back as H4, then POE officers should not ask anything about H1-B as such. But perhaps she should keep all documentations just in case.





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  • Sushie
    08-17 01:48 PM
    Hi Everyone,
    I'm trying to get my SSN Done. I'm on a dependent H4 Visa and have my H1 approval .
    I visited the SSN office with My I797, State ID and Passport : SSN officer straightforwardly rejected as I dont have my EAD card.
    The Officer asked me to visit USCIS office to apply for EAD.
    Please help me with this situation..Does a H1 get an EAD and then a SSN?

    Thanks N Regards,
    Sushie



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  • sammyb
    01-07 03:49 PM
    We expect people to decide whether they would like to come forward with a sense for the community.

    So please come forward if you care. We are not expecting anyone to be a die hard IV volunteer, but to express your support and your commitment and your help in nay manner.

    IV is your/our organization and we must have a sense of oneness.

    We stand for unity, peace and strength. Lets all unite "wholeheartedly"

    let me check with my better half :) ... most probably will come ...





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  • divs09
    06-19 12:55 AM
    Hello All,
    I am contacting you regarding an Inquiry of
    " H1B Approved without I-94 and to appeal for I-290B.

    I applied for H1B Visa on Dec 23rd 2008 or change of status from H4 to H1B, H4 is Valid till Aug 06, 2009.

    Please note that i was already on h1b from Oct 01st 2004 till Sep 30th , 2007, then again i applied for H4 on Dec 27th 2006 till AUG 06TH 09 2009..
    So i don't fall under New H1 Quota, i.e H1CAP
    keeping this in mind and only after filing, i received the receipt number on Dec 23rd 2008,and started working immediately from then onwards.

    On May 01st, 2009 there was a query to my company and also on me whether i am maintaining valid non immigrant H1B classification.

    On May 21st 2009, i received a letter from USCIS
    saying that a response was received in which it included two pay statements for period of Jan 2009 and Feb 2009, they mentioned that the beneficiary was not eligible to work at this time and appears to have been working in United States without permission.

    Change of status is denied, how ever your petition is Approved and go to Chennai for processing.Or submit a Motion to Reopen (Form I-290B ).\

    Please advice me what should i do.
    If i submit Form 1-290B, what are the grounds that i have to justify as it is clearly mentioned that i was not eligible to work at this time, but i am assuming that once you apply for H1 you can start working , then why in my case they have mentioned as illegal.

    Second query is after applying for I-290B, can i continue to work or should i stop working until i get the update from USCIS regarding COS.
    Third Query is should i apply for a new H1 and continue working.

    Please advice me on this issue.
    Hoping to hear from you Soon.
    Thanks a lot for your help,



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  • pmb76
    07-14 12:42 AM
    I sent a letter to Rep Zoe Lofgren on July 4 after she sent a letter to Chertoff and Rice on our behalf. Below is what I wrote:

    Re: July Visa Bulletin revision

    Dear Representative Lofgren,

    Let me begin by Thanking you immensely for standing up for the cause of legal immigrants. Your response to the July Visa Bulletin fiasco made me very pleased and re-instilled the hope in me that I had lost as a result of the recent announcements by USCIS to stop accepting Adjustment of Status applications.

    It is indeed appalling that the various problems faced by highly skilled legal immigrants get lost in the cracks of the system and do not get any media coverage.

    I have been in the U.S for approximately 9 years now. I graduated with a Masters in Engineering from a highly ranked school here, always played by the rules and still am stuck in the backlog delays and the bureaucracies of the immigration process.

    The July visa bulletin released on June 13th a gave me and others a ray of hope which was crushed after USCIS stopped accepting applications on July 2nd. I have spend huge amount time, effort and attorney's fees preparing all the paperwork and submitting it to USCIS on July 2nd.

    Again I want you to know how much me and other skilled workers in the same situation as me, appreciate your taking up this issue with Dept of State and USCIS. Thank you so much for your help in this critical hour. Please help us in resolving this issue and also discuss this with your colleagues in congress so they may also take up this issue with the Federal government agencies.

    Sincere Regards,
    XYZ





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  • Heart
    10-08 12:51 PM
    Thanks to you all, I will update after talking to an attorney.



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  • prince_charming
    11-30 01:05 AM
    Hi Prince,
    Would you please tell me if your status is updated yet? If yes, How long did it take from MTR approval to updated status?
    I have an approved MTR but it says that they are going to review my I-140. I have no idea how long will it take. Is there any possibility that the deny I-140 after Approval of MTR(I290B)?
    Thanks,

    Its been 2 years but my I-485 still shows denied although my MTR got approved and i have renewed 2 EADs and 2 APs etc.

    Don't know for sure but i sent a letter to whitehouse and they sent a response couple of months later indicating my case is waiting for VISA number and everything else is alright.

    And since my EADs and APs are approved in 2 years i am not that worried about online showing denied.





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  • Dhundhun
    04-24 01:25 AM
    Hi god_bless_you,

    Title should have been: "God blessed me !! Got GC." Fix the title, other wise it looks like "God blessed you !! I got into trouble", Unless you feel GC as some trouble imposed on you.

    I am (and most of IV visitors) still without GC and years to go before getting GC.

    Any way, whatever, congratulations.

    --Dhundhun



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  • a_yaja
    06-22 10:04 AM
    1. No, unless she goes out of country and re-enters US on H1 visa on or after Oct 1st

    Thanks but she has I-94 attached with her H1B. So the change of status from H4 to H1B is already approved. and thus she doesnot have to get out of country. Do you agree?

    2. It will not invalidate H1 visa, but she will be in AOS Pending status. In order to be on H1 status, she needs to do #1

    So if she doesnot use EAD, What will be her status after Oct 1? H1B or AOS-pending? I thought H1B is non-iimigrant status and there is nothing called AOS-pending status. Are they interrelated?

    3. EAD is good for any employer (including H1 employer), but H1 is good for one employer (as mentioned in H1 approval notice). H1 can be revoked by employer.

    Yap, but she is not planning to change employer. EAD needs to renwed every year and now USCIS has frozen interim EAD and in future, there will be uncertainity of "timely renewal" of EADs. So i would rather have my wife on H1B and not working with EAD.

    SO the question is:

    As her I-94 is attached and COS if approved with H1B, Can she work on I-485-EAD/H4 from Aug 1 - Sept 30 and then work on H1B from Oct 1 - next 3 years from the same company?

    Please advise.

    My understanding is that the COS is from H4 to H1. If you wife uses EAD to work, she will no longer be on H4 status. So, to get to the H1 status, she will leave the country and enter once again on H1. I think that is what desi3939 is also saying.

    You should however consult a lawyer and get his/ her opinion. Everthing else is not legal advice and you should not go by our opinions.





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  • sanju
    08-13 12:51 AM
    When India won its first Olympics individual medal, someone posted it on this site. People descended on that poor guy asking him to stick to the subject. Now where are those guys? Do I need to assume that they are not offended by this time?

    Well, are we all not trying to be Americans? So what’s wrong with cheering for the guy who makes this nation proud? If we were ALL trying to permanently migrate to India, in that case you will not see any opposition to Bhindra's achievement. I personally think that there is no need to make issue out of "this" or "that" on the forum for everything going on in the world. Both these gentleman and others who did well are remarkably disciplined human beings and we ought to celebrate their perfection, maybe by trying to be closer to perfection showing a little more appreciation for each other.

    Although I must quote a reporter on the news recently who said "When we wave Americans flags, we want to be called/seen as patriots and when others wave their flags, we call them nationalist". I found this comment very interesting.

    The point is, no matter what, we will find our differences superseding anything and everything in front of us under any given situation. That’s just Great…. maybe that’s part of being human …. do we expect ourselves to behave/react better than this…. Maybe we just want others to behave better than "this".



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  • Ramba
    10-24 06:53 PM
    my marriage is done and she entered on H4 now I need to add her to GC.
    my marriage date is 2 days prior to my GC approval and now she is in us and how to add her to my GC?

    Thanks,

    Well. It is tricky. You have to ask lawyer. One possibility is she has to wait till PD become current again. What happen if it takes another 6 years? Till that time she has to be on H4. If so, how she will renew H4 next time, as you already lost H1?

    Other possibility is, even if USCIS accepts 485 for her, how DOS issue visa number when no visas available to your PD?





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  • cygent
    05-28 01:49 PM
    Hi Jerrome,

    You should receive it in 3-4 days max. We got it in 2 days. Please ask them to recheck, or call USCIS 1-800 number or even better conduct INFOPASS where they can even resend the RFE to another address if necessary.

    Generally how many days it takes to get the actual RFE in hand.



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  • sk.aggarwal
    03-24 11:36 AM
    My 6 years + recapture time will end in April/May 2011. I am just frustrated with the process.





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  • GcInLimbo
    02-10 01:34 PM
    The following link from immigration.com forums might give you some mental relief. As every one else said report to DOL if you were not paid.

    DOL obtains $638,000 in wages and debars a New Jersey Company for one year - Blogs - ImmigrationPortal Forums (http://forums.immigration.com/entry.php?266-DOL-obtains-638-000-in-wages-and-debars-a-New-Jersey-Company-for-one-year)



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  • looneytunezez
    10-04 12:25 PM
    if you are not on his W-2, and the contract says that you are....that means he made a false contract, which should be invalid.
    i think you can talk to a attorney to get more clear picture, but based on what you say....i think you shld be ok, since his initial contract was false.

    http://smallbusiness.findlaw.com/business-forms-contracts/business-forms-contracts-overview/business-forms-contracts-overview-enforceable.html

    again, I am not attorney and above statement is just my opinion.





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  • prolegalimmi
    03-27 06:44 PM
    Below is a Copy.

    "Dear Editor,
    I hope that this letter of mine gets a few minutes of your precious time.
    While there is a raging debate going on in the Senate about how to accomodate illegal immigrants, while there is so much time being given to find solutions to the issue of illegal immigration, a little known fact is that upwards of 350,000 legal immigrants, who have come to the United States legally, contributing to the american community positively, putting their special skill sets to practice to keep american technical, engineering, research and such jobs in america, paying taxes for every penny they earn, for every day they have lived here, these people are languishing for more than five years because of governmental delays and lack of governmental resources to process their applications in a timely manner.
    No coverage at all is being given to the plight of these more than 350,000 'legal' immigrants. These legal immigrants are even afraid to come out and protest lest they get into legal problems with the law enforcement because they might be disturbing peace or affecting productivity negatively. Would NPR kindly give a voice to these legal immigrants and let the public know about the silent suffering that these legal immigrants are going through. If any more information is needed at all, please do visit immigrationvoice.com, or contact any of these individuals who are here legally, shrey@immigrationvoice.org
    jay@immigrationvoice.org
    sandeep@immigrationvoice.org
    nagaraj@immigrationvoice.org
    kapooraman@immigrationvoice.org
    OR call (281) 576-7185 .

    Thank You very much for your time."





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  • krishnam70
    05-01 05:10 PM
    Thanks for your reply. I am getting the affidavits from my parents, as well as from blood relatives. However, I have been also asked to provide government document stating why mother's name is absent on birth certificate. I am trying to figure out any government law (currently checking births and deaths act of 1969), which can state that name of head-of-household is sufficient for birth certificates. My birth certificate also mentions the Births and Deaths Rules of 1972 of West Bengal, however, I can't locate an online document. If I have to get a statement from court, does anybody have any idea about what would be the template?

    Thanks.

    This is a trickier one. I guess it could be a simple omission on the part of the hospital or municipal authorities. It sucks. May be you can get some kind of 'letter' from the hospital where you were born that it was an omission on their part. You may also apply to the municipal administration to issue you a fresh certificate having both your parents names in the certificate / issue you a letter stating that the name was not furnished by the hospital or not recorded in their records. I am not sure if any of the fellow IVians faced such an issue.

    check if you do something like this. There should be a way out
    http://en.allexperts.com/q/Indian-Law-1798/2009/3/name-correction-birth-certificate.htm
    http://en.allexperts.com/q/Indian-Law-1798/Name-Problem-Birth-Certificate.htm
    http://en.allexperts.com/q/Indian-Law-1798/Change-names-parents-birth.htm


    http://en.allexperts.com/sitesearch.htm?terms=birth+certificate&cnl=Indian-Law-1798&Action.x=0&Action.y=0

    - cheers
    kris





    India_USA
    07-07 09:14 AM
    The United States needs a human capital policy that emphasizes skilled immigration and halts unskilled immigration. It needed that policy 15 years ago, but it's not too late to start now.

    and yet, here we are!! stuck in gc process, with uncertain future, always contemplating the next step......





    TeddyKoochu
    01-06 08:43 AM
    All depends on spillover; it’s basically "NO SPILLOVER NO CHANGE". So just hoping for spillover to happen. I believe that the current bulletin might just come out late this week or early next week.



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