Friday, June 10, 2011

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  • rjgleason
    May 23rd, 2005, 06:11 AM
    Gary, I like all three but the first shot is my favorite.....DOF (on the first) is good, (the shrubs midway in the photo could be sharper) not great but quite acceptable and the polarizer makes the shot shine. Good work (on all three)

    Just noticed the first shot you had the AV at f/10.....I would have shut it down more.




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  • dngoyal
    07-27 04:31 PM
    this is the correct information. Applicant signature is not necessary if you have an attorney representation form. I have verified this with two different attorneys and also my HR guy, who suprisingly is very knowledgeable in GC process.

    In my own case I have sent an email to the attorney authorizing them to sign on my behalf. The firm has confirmed that it is sufficient. I just off the phone with them too. 3 attorney - SAME ANSWER.

    do they have to attach copy of email with the application?
    In my case my application was filed on 2nd July but my attorney asked me to send the email on 3rd July just for records.




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  • Radhika
    07-09 01:38 PM
    Was this at TSC, mine is at NSC. My First I140 was approved, My company refiled after acquisition (successor in interest) and later upgraded to Premium

    Yes it is at TSC.




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  • gbof
    09-30 09:37 PM
    Before you get all mushy about AILA and start bashing USCIS take deep look and see if AILA is really acting as a friend or a adversary in friends disguise?

    Donot get me wrong. I have no special love for aila or uscis. please, note, aila is talking about 100 million short fall and uscis plan to raise fees.........



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  • H1BLegal95
    05-30 01:19 PM
    According to this bill in current form the nonimmigrant should have filed for an immigration peition and the petition should be pending for > 365 days. If not he wont qualify for an extension.

    However nothing is said about if the I140 process itself will continue when the H1 leaves the country (provide employer is still wants the H1b) and he can file for an extension after his I 140 is approved?

    My H1 is due for renewal in Sep 2007. My I140 was filed in Feb 2007. So they wont give me a H1 extension to Sep 2008 since my I140 is pending < 365 days ??




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  • skd043000
    02-09 08:46 PM
    what is NCR Region???

    Delhi-noida-gurgaon-etc area



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  • permfiling
    12-10 01:03 AM
    My cousin took a offer from a employer in CA few months ago who did her H1 transfer but the condition mentioned in the agreement is that

    In the event the employee voluntarily resigns or her employment is terminated for performance or cause prior to 4 years, employee agrees to reimburse the "Employer" for the full amount of legal, administrative and filing fees associated with the sponsorship of the employee's work visas as permitted by law.

    The employer won't do premium processing so my cousin paid $1000 on her own but she had to travel outside the country to canada to get a new I-94. The employer's law firm filed the paper work with canada embassy in US to get a canadian visa.

    Now my cousin got her GC through her hubby which her employer does not know. She is debating if she needs to inform her manager and company as they might ask her to sign any agreement or give back H1 fees.

    The employment laws in CA are different so how can she move (if moves within 4 yrs) to another company without paying anything or a little fee to the employer. I told her that H1-B fees are not too high maybe around $4000.00 so the employer will have to spend lot of money on the lawyer's to go to court to suit her if she left say after 2 years of employment as she feels that the agreement is one sided considering the time line.




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  • redddiv
    07-11 08:03 AM
    i liv ein boca raton



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  • pappu
    08-15 11:24 AM
    See this and if it helps you courtesy Murthy.com (http://murthy.com/news/n_tscnsc.html)

    Second I-140 Allowed without Revocation of Earlier I-140 Petition

    The TSC confirmed that, in some cases it is possible for the employer to file two or more I-140 petitions for the same beneficiary, based on a single labor certification, in multiple EB categories. If the job requirements are proper for EB2, the case could be filed in either category. Thus, multiple I-140s could be filed in some cases. If the first was filed in EB3, there would be no need to withdraw it in order to file in EB2. The TSC recommended submitting copies of the approved I-140 with the later-filed I-140 petition.

    This could be quite helpful in situations where the I-140 petition is incorrectly filed in the wrong, lower category. We do hear about such instances from time to time. It seems that if the I-140 was filed in EB3, but the case would meet EB2, the TSC would permit the re-filing of the I-140 petition without revocation of the earlier EB3 filing.

    08/15/2006: Multiple I-140 Petitions: Uniform Policy in Negative Fashion?

    * We reported on August 3, 2006 USCIS lack of uniform policy on multiple petitions on a single EB-2 labor certification application. It appears that the disease has spread to the TSC adopting a similar negative policy of denying EB-3 petition when EB-2 and EB-3 petitions are filed concurrently using single certified EB-2 labor certification application on the ground that "original" of the certified application was not available for the EB-3 I-140 petition since the original had to accompany the EB-2 I-140 petition. Obviously this is a deviation from the traditional INS/USCIS policy in a negative way and we hope that the USCIS leaders are not turning around from the liberal policies under Yates-Divine era to the narrow-restrictive policies.




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  • akhilmahajan
    11-14 09:01 PM
    ^^^^^^^^^^^^^^ Bump ^^^^^^^^^^^^^^



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  • kaisersose
    08-06 09:19 AM
    capturing visa numbers would put an end to our misery. and increasing the employment based visa will pave way for future immigrants. handling a few thousand more cases is not a big deal for USCIS(there may be performance issues but not like difficulty of hiring more people to do the stuff!). don't get panicky about the number. it should be lot less than you would think.

    I think 700K is an exaggeration too. One top attorney was saying that he has filed only a few hundred cases in July. if you assign an average of 250 cases for every attorney in the US, we need two thousand attorneys to arrive at 500K.

    If DOS/USCIS can recapture unused visa numbers and stop assigning visa numbers to family members of EB category applicants, I think that will work very well without increasing EB quota.




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  • satyasaich
    06-12 10:29 AM
    Severance package includes all benefits including health care. As per the law no can be paid full salary with deductions being made for Medicare and social security, if there is no valid status. My friends have gone through this stage in Big5, they can NOT cancel H1B until the last day of severance package validity.
    Also remember that by law, employer has to arrange a one way ticket to the departing employee (not to the family members) to his/her foreign country and show it in record that they made all arrangements to send away the employee so that there is no overstay or illegal stay after severance package.
    I have seen this happening so many times
    If employee choses a different option to stay legally, that's up to the employee
    If an employer fires an employee and continues to give severance pay for a couple of months, do they usually cancel H1B immediately or wait for the period of severance pay before cancelling H1B?



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  • gc007
    11-19 04:47 PM
    Did he say anything about how many trips abroad you can make with the 2 approvals he gave back?

    My lawyer says I should apply for more AP's if I need to make more trips abroad than the # of approvals that I have.

    SO I'm wondering how many approvals does one trip take?
    Because if you have two stamped approvals with you ,a person with 2 initial approvals will have one stamped approval with him.
    So will he be able to make another trip abroad?

    Thank you.

    My AP was approved for multiple trips. So I can use the 2 stamped AP as many times as I want. The officer told me that when I use the APs for my next trip then they are going stamp the same APs again. And that I will not need to submit anything on my next trip. It would be advisable to keep some photocopies of the AP just in case they ask for a copy.




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  • raju123
    06-26 12:25 PM
    NumberUSA reported following possible amendments. Nothing for EB !!!
    If this is the case, we should strongly oppose the bill.

    http://www.numbersusa.com/hottopic/senateaction0507.html


    According to El Bolet�n, �the official Senate Democratic Hispanic Task Force newsletter,� the following proposals are now under consideration for possible consideration if cloture is invoked:

    Democratic Amendments

    * Dodd-Menendez S.A. 1199: would increase the annual cap on green cards for parents and extend the parent visitor visa.
    * Webb S.A. 1313: Community ties for [amnesty]
    * Baucus-Tester S.A. 1236: would strike all reference[s] to REAL ID.
    * Sanders-Grassley S.A. 1332 : prohibits companies that have announced mass lay-offs from receiving any new visas, unless these companies could prove that overall employment at their companies would not be reduced by these lay-offs.
    * Byrd-Gregg-Cochran S.A. 1344: adds a $500 fee to obtain [amnesty] and sets aside the revenues collected in order to fund border and interior enforcement.
    * Menendez-Obama-Feingold S.A. 1317: increases family points in merit system
    * Brown S.A. 1340: requires that before employers can be approved to employ Y-1 workers, they must have listed the specific job opportunity with the state employment service agency.
    * McCaskill S.A. 1468: increases ban on federal contracts, grants or cooperative agreements to employers who are repeat violators of hiring immigrants who are not authorized to work
    * Levin-Brownback S.A.1486: gives access to Iraqis to apply for refugee status under existing U.S. law.
    * Leahy S.A. 1386: protect scholars who have been persecuted in their home countries on account of their beliefs, scholarship, or identity.
    * Schumer: provides for tamper-proof biometric social security cards
    * Boxer S.A. 1198: reduces Y visa cap by number of Y workers who overstay

    Republican Amendments

    * Alexander S.A. 1161: requires DHS and the Department of State to notify a foreign embassy when one of their nationals has become a U.S. citizen
    * Bond S.A. 1255: prohibits green cards for [illegal aliens granted amnesty]
    * Coleman S.A. 1473: outlaws state and local policies that prevent public officials * including police and health and safety workers (except for emergency medical assistance)*from inquiring about the immigration status of those they serve if there is �probable cause� to believe the individual being questioned is undocumented.
    * Domenici S.A. 1335/1258: increases Federal judgeships
    * Ensign S.A. 1490: redetermines work history for current beneficiaries of social security depending on their citizenship status
    * Graham S.A. 1465: enforcement. Still being drafted.
    * Grassley-Baucus-Obama S.A. 1441: strikes and replaces Title III on employer enforcement
    * Hutchinson S.A. 1440: changes the �touchback� requirement from the time of applying for adjustment of status, as it currently stands in the Senate proposed bill, to the time of applying for the Z visa. Increases the number of individuals required to touchback
    * Thune S.A. 1174: prevents [illegal aliens] from [being granted amnesty] until all triggers have been met.
    * Chambliss S.A. 1318: Totalization agreements
    * Isakson S.A. 1282: Preemption/Home Depot
    * Graham: Criminal penalties/mandatory minimums for overstays



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  • lapisguy
    07-25 05:42 PM
    Hi,

    I was going thru the chain of I-140 issues, my case is a bit similar but wanted some expert advice...
    My employer filed I-140 in June but I did not get any approval yet so my employer ask me to wait until it approved then file for I-485?

    Are there chances that if I file I-485 it would get rejected?




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  • trueguy
    12-11 06:24 AM
    China EB3 also didn't recieve the fair share (as per the law) of annual quota.

    Looks like USCIS doesn't follow any rules whatsoever. They do whatever they like and nobody question them.



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  • Siddharta
    09-26 04:26 PM
    My sincere advice, DO not even think about it ..

    So you recommend I stay in the similar position (and company) till 2015. Greattttttttt.....




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  • eastindia
    04-08 08:39 AM
    Looking at this issue, isnt' it USCIS who is at fault here ?
    How can they allow the employer to "reuse" the original labor when employee1 has already used it for his I-140 approval ?

    This is definitely a USCIS mess. Employees/beneficiaries shouldn't be paying the price for USCIS's fault.

    This is really wonderful.

    USCIS should be screwing people who used Substitute labor. They should even revoke or issue RFEs to all peoples who got Greencard using Substitute labor. I am sure the queue is get very very short if this happens. let us not allow these people who jumped in this queue.

    I am writing to USCIS about this. Let us all write to USCIS, Ombudsman and also on USCIS blog about this.




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  • ngopikrishnan
    07-12 09:47 PM
    AP and EAD Renewal Paper filed at TSC - Self Filed

    USPS'd AP & EAD apps - 6/2
    Reached TSC - 6/3
    Receipt Date - 6/4
    LUDs on AP & EAD apps - 6/11
    AP Approval Email (for myself & spouse) - 6/29
    LUDs on AP apps (for myself & spouse) - 6/30
    APs (for myself & spouse) received on - 7/4

    EAD app for myself is still pending - LUD is still 6/11. I hope TSC approves the EAD as well soon.




    Madhuri
    04-06 10:05 PM
    Is the bill really dead? There is a different news on Yahoo.
    Can anybody explain?




    nixstor
    04-13 06:30 PM
    Gurus,
    Please help me guiding in my situation:
    I have been on H1B for about 2 years, I came through desi consulting company. As usual there were no bench salary and very irregular payment during project duration also, I was not paid for about 50% of time.

    I had switched to another employer couple of months back, My H1B approval with new employer is still pending. recently I had got letter from Department of Labor (DOL). They are trying to investigate my previous employer if he is complying with american competitiveness and workforce improvement act(ACWIA) of 1998.
    They had sent me a questioner about previous employer about salary being paid etc.

    I am not sure what should I be doing in this situation:

    If I reply with all facts this might effect my pending H1B status for new employer.


    If I write in a way that thing were as per LC then I am lieing, which I am not comfortable with.


    Third Option could be that I do not respond at all
    [They had mentioned that I am NOT required to respond.]

    I am seeking help from experts and forum members, what should be I doing in this situation so that my H1B transfer do not get jeopradasided.

    Thanks
    Saurav

    If you decide to reply, tell the truth.

    Telling the truth about not getting paid will not get your new H1 extension into jeopardy. If you already filed for extension and do not have pay stubs for a period of time, you will possibly receive a RFE for lack of pay stubs. your response will help as an explanation of the employer's violations in case of a RFE and possibly can get you paid for the time you were not paid.



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