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Saturday, July 2, 2011

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  • jnraajan
    09-23 05:22 PM
    I dont think EB3 is current for Nov 2004. Infact, it is unavailable for all countries of charge until Oct First. If you are Phillipines or rest of the world, you still need to wait until OCt First to file
    Dear Guru's

    I got rejection notice from TSC for a valid I-485 application stating that "A Visa number is not available at the present time".

    However, I have two I-140 approved one in EB3 with 10-Nov-2004 as PD and another I-140 in EB2 category with 10-Aug-2007 as PD.

    It is evident that Based on 10-Nov-2004 my PD is current and my application highlighted the same in bright cover sheet and my application still got rejected.

    based on notice we filed the same application back and this time CC'd to ombudsman emphasizing the same fact for PD.

    Its been a week we respond to rejection notice and haven't got either acceptance or rejection letter. and haven't heard back from ombudsman.

    I am optimistic and would wait to get the response but I am worried since only 5 business days left before the dates get retrogressed.

    I would like to know what actions do I need to take "while the date is current"; so that I can pursue my case further after 9/30/2008.

    Is there anyway I can talk to ombudsman office and get personal attention to my case.

    Guru's please help me out with your experience and ideas.

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  • speddi
    08-24 02:08 PM
    The scenario is

    Company A filed 485 in EB2 with an approved 140. Company B filed 140 with an older PD in EB2. After 180 days(AC21), we change to company B on H1 and company B's 140 is approved in the meantime. We can change the underlying 140 with the new approved 140(old PD). I have couple of questions:
    1. Do we have to stick to company B for 180 days again to invoke AC21 or for only the time till the interfiling process is completed and we get a confirmation from USCIS ?
    2. Does the new PD need to be current for us to file for interfiling?

    Thank you

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  • jchan
    10-18 01:04 PM
    I have the exact question with duttasurajit -- my title for green card is computer information system manager, and I'd like to take a job for technical lead / architect. The job duties are very similar. Will that cause a problem?

    btw: I don't know why so many people apply under the title of 'computer information system manager'. If you search Dice.com, hardly any position come out with this title.

    Thanks everyone for the valued response. One last question:

    I was under the impression that the job title does not matter for AC21 as long as the job duties are similar. For example, instead of IT Manager, say, I get a title of Developement Lead/Team Lead and the Job duties are similar.
    What happens in this case? Is it still risky to pursue AC21?

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  • james_bond_007
    05-01 07:25 PM
    Since the stamped visa is valid till Sep 2009, you can travel without stamping the new visa. BUT it is extremely important that you show the approved H1B notice (I-797) at the port of entry. This will make sure your I-94 will be valid till 2011. You will have issues with H1B stamping / renewal if the I-94 dates are incorrect. One of my friend went thru the same situation and he has to correct the I-94 dates by going to a local immigration office.


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  • donelson
    January 7th, 2005, 03:28 PM
    I picked up the 105 Micro Nikkor about a month ago to use with my D100, and while I haven't taken a lot of pictures with it, yet, I've been happy with the ones I have taken. I did quite a bit of research before I bought it and determined that this would be a little better for my needs than the 60mm. Hope this helps.

    Don :)

    I take macro photographs of gems and jewelry to be sold on the Internet. Currently, I use a coolpix 5000 and get some pretty good photos from it. I use a light box and different light sources (fluorescent & incandescent) to capture color and color-changes in the gems.

    I just bought a d70 and now need a good macro lens for it. I tried the promaster 100mm macro (I think it is the vivitar lens) and it didn't work to well for me. My 1:1 macro images are all under exposed and not as clear as I have seen. They are actually blurry when blown up 100% on my monitor. I use a good tripod and stopped down to f22 to increase depth of field. If I pull back a bit, the images get better, but then I don't have the magnification I need.

    I take the photos on extra white laser printer paper and most of the time, use indirect 5000K fluorescent lighting in a light box. I don't understand why my 1:1 photos seem to be underexposed. The white paper looks gray and the gem is dark and dull. Photos taken with my coolpix 5000 look great. The background is white, and the gems are lively.

    After my disappointment with the cheap promaster lens, I made the decision to purchase the Nikon 105 Micro, but when I called to order it (from expresscamera.com), they asked me why I was purchasing a 35mm lens for my digital camera. They suggested the Sigma 105mm EX DG lens and wanted to sell it to me for $650. They said that this sigma lens was better than the Nikon for digital cameras and that the Nikon would also take underexposed photos. This could be that they just didn�t want to sell me the Nikon lens for $500 and wanted to sell me a $400 sigma lens for $650.:mad:

    I need a lens that will allow me to blow the photos up to 100% on my monitor and they will be clear and the gem needs to look like a gem and not a dark crystal.

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  • sodh
    07-27 04:08 PM
    You really do not need your labor certificate. You do not need the A# as it is optional. Leave it blank.

    You however need to have the 140 petition number. Ask your employer for the number. Tel him you would like to have it for tracking purposes.
    Do not leave them blank write none in the Allien#


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  • LegallyGC
    08-11 04:13 PM
    Nice to see that u did start a new thread for this..
    I think we all should get together now and make sure 2011 will be a great year for all the immigrant community.

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  • anemmani
    01-04 01:06 PM
    Can someone reply on my question . Please help .

    My wife got COS from H4 to F1 approved in US. But F1 Stamping in india got denied.
    She will come back to US again on H4 visa .

    Can she apply again for COS to F1 after coming back in US on H4 ?


    You need to ask yourself the following questions.

    Which university/college is your wife going to?
    - Some states allow H4 holders to attend university with in-state tuition. Where as F1 requires out-of-state/out-of-country tuition. Without financial assistance this option can be useful.

    Does she have an offer for financial assistance from the university?
    - She cannot accept financial assistance ( TA/RA kind of employment) from university on H4. I do not know about scholarships and fellowships.

    Is she interested in OPT option available to F1 students?
    - Spouses of H1B holders will always have a difficult time getting F1 visa at the consulate. Even if she transfers H4 to F1 after coming here, she may have to go through the same experience next time she needs to re-enter United States.

    In the end, it may be a good idea to consult an experienced Immigration Attorney for a fee. The fee is well worth the relief the information from the attorney may provide. The answer may not be to your liking, but it will be correct information.



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  • gc_kaavaali
    12-09 10:53 AM

    Right now there are 154 guests accessing this site...please become a member, join state chapter and please please contribute to IV..

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  • iam4u4ever
    06-04 06:02 PM
    You don't need to be working in the US while the AOS is pending. You just need to have the job when permanent residence is approved, or to have a job in the "same or similar occupational classification."

    what should i do if at the time of actual AOS ( The day they adjudicate my case ) I am working for another company since the actual sponsoring company is closed down ?


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  • saibaba
    10-01 11:28 AM
    Here I am planning to send following letter: Please suggest me ASAP if any changes. I really appericiate your feedback.

    P.O. Box 805887
    Chicago, IL 60680-4120

    ATTN: CRU Supervisor - Case Improperly Returned (I-485 Application to Register Permanent Residence or Adjust Status on Behalf of xxxxx (the �Petitioner�) based on an Employment based visa petition (I-140)

    Dear Sir or Madam,

    This application/petition was filed along with the required fees is being returned to me for the following reason.

    Reference: I797C, Notice of Action, Receipt number: xxxx
    Notice date: September 20, 2007

    �Please resubmit your application with the �Copy of your form-I797, (Notice of Action) if the petition has already been filed or approved. (I-140)�

    I believe that my application was sent along with the copy of I-140 and I feel that my case is improperly returned.

    Originally I have sent my I-485 application based on JULY 2007 VISA BULLETIN to NEBRASKA SERVICE CENTER. Here below is my shipping detail:

    FedEx Tracking number xxxx
    Ship (P/U) date Jun 30, 2007
    Delivery date Jul 2, 2007 7:55 AM
    Sign for by: R.WILLIAMS
    Delivered to: Shipping/Receiving
    Service type: FedEx First Overnight
    Packaging type: FedEx Pak
    Number of pieces 1
    Weight: 1.00 lb.

    Shipper Information

    Recipient Information

    I have sent my application with the copy of form I-797, (Notice of Action) which was already field and approved on date March 09, 2007. Here below if the detail for the form I-797 for case type I-140.

    Receipt number: xxxx
    Receipt date: December 11, 2006
    Notice Date: March 9, 2007
    Priority date: October 4, 2006
    Petitioner: xxxx
    Beneficiary: xxxx
    A # xxx
    I would like to re-submit this application and I am requesting for processing once again.
    Please contact me if you need any further information or assistance. Your kind attention to this matter is greatly appreciated.

    Human Resources Manager

    hi there:
    why you are sending it to IL?
    Didn't they mention about return address in the returned package?

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  • Winner
    02-24 11:52 AM
    Recently we are seeing lot of people with new id without completing profile they are able to start new thread. What if admin enforced new user to fill the personnel information and then only they can post on this web site. More importantly some key massages\important issues get berried in active forums due to above issue.
    Even going further we can put trial period for new users for 15 days .If they have any questions just pay 5-10 $ and get active in forum there answers will be provided by all our valued/all star members (most green as per rank) in this way we get more revenue and members get valued advice.

    I’m not sure about "pay to post" idea, but I’ve one more suggestion.

    I see many offensive/ill-mannered posts/replies in the forums; this is bound to happen if we let members to be anonymous. I would suggest a verification process in which any new member should provide his phone # and state leader/volunteer can call the person and then grant them access then we can have a healthy debates and discussions.

    Now I understand that this will put more burden on the volunteers and state leaders who are spending their personal time to help all of us. I can take care of this task for Texas.


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  • wa_Saiprasad
    07-11 03:44 PM
    This is a very interesting thread. People PLEASE USE THIS LINK and lets all email / send a letter to Mr. President and Mr. Vice President.

    IV Core Team, please draft a template so that everyone could use.

    Thanks Mihird for finding this link. Great Job!!!

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  • vkotval
    07-17 11:43 PM
    I agree with file485. Blocking the channel is not the answer. Lets put our efforts in getting as many signatures as possible for the petition.


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  • axp817
    06-16 12:15 PM
    Thanks Dude. I am in a rejection situation (of I485) here and had opened an MTR in December' 08, haven't heard since them from USCIS.



    What was the cause of the 485 denial? Is your 140 approved? I skimmed through some of your older posts but couldn't find an answer.


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  • prasadn
    01-07 07:20 PM
    Probably I did not make myself clear .
    I don't care about any in-state tution or financial assistance .

    My question is, is it possible to even file for COS from H4 to F1 after getting F1 denied in India .

    Here is the timeline

    Nov 2010 - COS from H4 to F1 approved in US.
    Dec 2010 - Went to india for F1 Stamping and it was denied.
    Jan 2011 - Came to US on H4 visa .

    Now is it possible to apply for COS to F1 again ? . Will the F1 denial in India have any impact on COS to F1 processing ?

    Yes, you can. Since the person is already in the US, this should not be a problem. One of my friend's wife lost her H-1 job, applied for a school here, got her I-20 and went to India for F-1 stamping. When it got denied, she applied for F-2 visa (as my friend was in F-1), and then after coming back to US, changed back to F-1 and went to school. Then she found a job on OPT and now is back on H-1.

    "Status" and "visa" are two different things. A "visa" is only required for entry to the US.
    I am not sure if the earlier denial of visa stamping will have an affect on a COS application.


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  • sanjay
    05-21 07:30 PM
    July 2009
    July 2010
    July 2011
    July 2012...or

    By the way things are moving backwards, We will be awarded GC posthumously in a Rose Garden Ceremony by the President (who will be my son since he was born here and eligible to be come President. He will be contesting elections in 2060 under 'American Nava Nirman Sena' Ticket).

    Good comment BPforGC. Sad ( because even I find myself in same boat ) but a true prediction.

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  • chanduv23
    12-08 11:32 PM
    Come on fellow IVans


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    08-24 06:52 PM
    I did exactly the same thing. I had a EB3 May 2004 I-140 approved and I applied 485 with this. during the first quarter of this year, I applied a new labor in EB2 and got it approved in 2 months. I applied I-140 EB2 in premium on 29th June and got it approved. Now my lawyer is going to interfile this new I-140 with my existing pending 485.
    First of all, dont worry with your old 140 while applying new one. They would not touch your old 140. The only issue right now is that there is no PP of 140 so you might need to wait up to one year to see 140 approved and that might kill the purpose.Just pray that they start PP soon.

    Thanks for ur information.I had 2 more doubts.
    1)when i'm doing interfiling i will be doing the same for my spouse &kid also.So,they too will get their 1-485 applications changed from eb3 to eb2 with the priority date of eb3 right? Or is this interfiling only possible for principle applicant's I-485?
    2) After reading ur case one doubt i had is that for me i already filed I-485 under eb3 & now about to start eb2 from the scratch perm,I-140 etc.so while eb2 process is going on at some point of time whether i need to say i have already applied for I-485 under eb3?If so it will make matters more worse right?I know U didnt go through this as u have started eb2 process well before applying for eb3 AOS.(U told u got even ur eb2 I-140 approved under PP)Still,i hope u would be able to comment on this as u might have thought of all the risks associated in interfiling before going ahead.thanks once again.

    01-20 11:56 PM
    I wrote two copies of handwritten letters. I will mail them tomorrow. Now I can bash all fence sitters with no guilt :-) Kidding.

    Folks, please resolve to write the letter at least today Dr. MLK's Birthday. He fought for civil rights and we are fighting for human rights...well not really but still a serious issue for over half million future Americans (or parents of Americans)

    11-10 06:32 PM
    to everyone willing to contribute to the efforts
    please hold on, i will get back to you once the structure of the new work groups is finalized. remember to complete your profile!

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