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  • sam2006
    10-01 09:55 PM
    I think his friend is a full time employee of Lehman.

    Yes he is( was ) a FT at Lehman

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  • gg_ny
    07-27 11:45 AM

    We are in a peculiar situation regarding our FP. Did you take your FP taken? If so, did you get your file updated sometime after FP was completed? When you gave FP the last time, do you whether they had processed it before the approval?
    We had to postpone our 2nd FP in May and gave our prints only in the end of June. I heard that such cases get into delays or problems. The first time over, our FPs were cleared in a week.
    Your response will be appreciated. Thanks.

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  • dan19
    08-22 01:24 PM
    My lawyer filed my Labor certification stating that the job requires 'BS degree in CS'. My labor got approved last month.

    I hold a MS degree in CS and BS degree in Industrial Engg.

    Now while I am about to file for I-140, I am getting information from various sources that my bachelor's degree has to be in CS, irrespective of holding a master's degree in CS.

    Has anyone faced similar situation? How can I resolve this issue?
    Please help as I almost spent 4 years in LC backlog queue!!!!!!!!

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  • satyachowdary
    06-01 09:22 AM
    If old priority date is not ported then send an email to ebupdate.tsc@dhs.gov(for texas service center) and request to use old priority date for your new application and ask them to interfile I-485. Google for 'I-485 interfiling request sample letter' and you'll find sample format letters. My interfiling request took just 1 week and I got CPO letter, waiting for the physical cards. Good luck.


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  • reedandbamboo
    08-29 12:54 PM
    volunteer as a writer.

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  • Macaca
    02-20 11:58 AM
    washingtonwatch has survey for CIR (S 9). I encourage every one to post comment and vote.

    I see the following kind of posts at the above kinds of sites.

    I am almost 7 year in this country
    this country gave me lots of opt. but i am stuck with EB3 i am unable to file I-485 lets hope +ve for this bill please push this bill
    lets pray to God together.

    I don't see the following kind of posts at the above kind of sites.

    I have been folllowing IV for some time now and i feel core are just bunch of useless and ineffective group of people, with zero track record....... they are going to achieve NOTHING!!!!!

    Such a post would replace the word IV with Senate/House and the word core with the names of four important persons involved with our issues:
    1. Nancy Pelosi (Madam speaker),
    2. Zoe Lofgren (Chair, House subcommittee on Immigration),
    3. Harry Reid (Senate Majority Leader),
    4. Ted Kennedy (Chair, Senate House subcommittee on Immigration).

    Come on TIGER these are the sites to vent your frustation. You will get your GC (overnight delivery or even personal delivery by Nancy Pelosi + Harry Reid) with the above kind of posts. It will also show the way to the dumb contributing IV members.

    Please lead the way at the above kind of sites.


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  • ghiutzu
    07-23 10:58 AM
    As far as I see, here is an issue related to encoding; you have to know the Encoding of the file (or it's Code Page in order to get the encoding) and after that, read from file using the encoding, like:

    I would write more here but the editor from kirupa sucks big time, it almost drive me crazy.
    So, your quotes are transformed because of the usage of a wrong encoding.

    using (TextReader input = new StreamReader(new FileStream("SomeFileName", FileMode.Open), System.Text.Encoding.UTF8))
    String str = input.ReadToEnd();


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  • cooler
    08-27 01:32 PM
    I went for Driver licence renewal.I have I797 H1B notice of approval for 2 more years.But I don't have it stamped in passport.So when they see it,they said they won't consider it as visa on passport is not valid and expired.Though I am not using ,I have valid EAD card also.So When I shown it ,they renewd my licence.Now I am thinking,is it ok If I use my EAD card for licence renewal as I am not using EAD status now.I want to be on H1B only.I don't want to use EAD now. can anybody tell me will it be alright to use EAD?Does it effect anywhere in my status?

    Please respond.

    As mentioned in your other post. This should have no bearing on your status.

    Question: Dear Ms. Murthy, can one apply for a driver�s license with I-485 receipt notice or is the EAD needed?

    Answer: Generally, most DMVs will only issue the DL when one has some clear legal status like H-4 or H1B status. The I-485 should be sufficient, in most cases, and the problem is often that the DMV staff is not as well trained with immigration documents. By requesting to speak with the supervisor, one may be able to obtain the DL based on the I-485 receipt notice, since all that the law requires as evidence that one is legal in the U.S.Apr-7-2008.


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  • shana04
    02-16 12:38 PM

    Can someone please clarify with AC21 can I take up a job Position as "IT PROJECT MANAGER 11-3021.00" whereas my EB3 Labor is filed as "Computer Programmers - 15-1021.00" ?

    My I-485 is still pending past 180 days and I-140 is approved.

    Thanks so much in advance for replying.

    I would advice you to consult your attorney before you make this decision. Good luck

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  • ramaonline
    06-12 07:46 PM
    Can I change the employer after I get my 3 year extension on H1 ?

    The 3 year extension of h1 also allows portability - so emp change is ok.

    2) If I change the employer and If I transfer my H1, Will I get 3 years on my H1 based on 140 approval?

    Yes - gc is a future job offer - ur previous 140 can be used for h1 status extensions

    3) After switching to new employer, if I start the GC process all over again, can I keep my old priority date?
    Yes - once u have an approved 140 ur pd can be ported to any new gc applications

    4) I heard Gc process should be filed before expiry of 5th yr on H1 b, if i change my employer can i file for GC process in 6th yr and get furthur extension ?

    there is no such requirement - i guess ur asking if u start the gc thru new emp in 6th year can u get extn? in this case u can use the old 140 approval and request 3 year extn, or if u get the new approval use that instead


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  • Blog Feeds
    01-20 08:20 AM
    In this Bog article we discuss the very unfamiliar area of H3 visas for the Hospitality Industry. The very talented attorney Kate Powell from our office has been very successful in crafting and getting approved numerous such cases, and her summary is presented below.

    The H-3 nonimmigrant (http://www.h1b.biz/lawyer-attorney-1137115.html) visa category is available for aliens coming temporarily to the United States as either a:

    � Trainee to receive training, other than graduate or medical education training, that is not available in the alien�s home country or
    � Special Education Exchange Visitor to participate in a special education exchange visitor training program for children with physical, mental, or emotional disabilities.
    This article will cover only H-3 trainee visas. H-3 training may be in a variety of fields, including commerce, communications, finance, government, transportation, agriculture, etc. Our office has been successful in obtaining H-3 visas for numerous hospitality trainees to receive hospitality related training at the hotels in the U.S.

    Training purpose. The heart of an H-3 petition is the explanation for conducting the training in the United States. The petition should describe how the U.S. company is benefited by providing the training, the career abroad for which the training will prepare the foreign national, and the reason why the training cannot be obtained in the foreign national�s home country. The training program should be related to the petitioner�s business and cannot be for workers who already possess �substantial training and expertise� in the area of training.

    The petitioner must establish its ability to provide the training, and the training program itself must not be available in the foreign national�s own country. In addition, the training cannot be in a field unlikely to be used outside the United States, or the primary purpose of which is to eventually staff the domestic operations of the U.S. company. This classification is not intended for employment within the United States. The petitioner must establish that the beneficiary will not engage in productive employment unless such employment is incidental and necessary to the training. It is designed to provide an alien with job related training for work that will ultimately be performed in the alien�s home country.

    Therefore, it is very important to show that the trainee has no intention of abandoning his or her foreign residence and will return to his or her home country upon completion of the training program.

    Training program. In order to obtain H-3 classification, the petitioner must describe the training program in detail. The description must include the nature of the training, the type of supervision, the proportion of time, if any, that will be devoted to productive employment, the number of hours in classroom instruction and/or on-the-job training, and an itinerary if the training will be in more than one location. The training program that deals in generalities with no fixed schedule, objectives, or means of evaluation will not be approved.
    Practice shows that training programs will be approved if they are described carefully and specifically, and if the petitioner demonstrates some benefit to the U.S. company providing the training.

    Advantages of H-3 category

    1) Eligibility for H-3 status is not based on advanced education. Unlike nonimmigrant work visas, absence of the degree in the field of training is actually beneficial for H-3 classification. The regulations require that the alien does not possess substantial training in the proposed field of training.

    2) There are no numerical limits on the number of H-3 petitions granted each year. H-3 may be a good option for an alien who wants to stay in the U.S. and eventually apply for H-1B, but the number of H-1B visas allotted for the fiscal year has run out and the alien has to wait until the visas become available. In that case, the alien might want to receive H-3 training and then switch to H-1B in the future. If this is the case, the adjudicator might later request evidence that the alien has intent to go back to his or her home country after completion of the temporary employment in the U.S. This is because anytime you apply for a nonimmigrant visa the adjudicating officer has a presumption that you have the intent to immigrate. Therefore, the burden is on you to show that you have sufficient ties with your home country, such as relatives, property, offer of employment upon your return, etc.

    3) Sometimes it may be beneficial to obtain H-3 training visa rather than J-1 training visa. Certain J-1trainees are subject to a two-year home residency requirement that requires that they return to their home country before they can acquire H or L visa status or permanent residency. The H-3category does not have such a requirement, and there are no specific rules excluding any particular occupations--unlike the J-1 training category, which has numerous occupational exclusions.

    Limitations on extensions. If the H-3 petition is approved, you may be allowed to remain in the United States for up to 2 years. However, we advise our clients to complete the training program before the expiration of 2 years. An H-3 foreign national trainee who has completed two years of training may not have his or her status extended or changed or be readmitted to the United States with another H or L visa unless he or she has resided outside the United States for at least six months. In order to avoid that, we recommend our clients to change their status before completing full two years of training. In that case, the alien does not have to remain outside the U.S. for 6 months.

    In case H-3 visa is denied, there are ways to challenge the denial. Our office has been successful in securing an H-3 visa even after the denial was issued.

    H-3 training visa may be used to provide a nonimmigrant solution for training in a variety of industries, and, thus, can be a valuable tool in meeting the goals of U.S. employers and foreign nationals seeking training in the United States. The circumstances of each case must be evaluated to determine which would be more appropriate and advantageous to your particular case, taking into consideration many of the factors discussed above. If you are interested in your eligibility for H-3 visa, contact our office for additional information.

    More... (http://www.visalawyerblog.com/2011/01/hospitality_h3_trainee_visas_o.html)

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  • nogc_noproblem
    01-17 12:08 AM
    Good question, but the answer would be purely based on what is your future plan. If you want to continue to work in the software industry then there are only few cities in the list. If you want to do business (which is my personal choice) then the choice would be totally different.

    Seems you are thinking a lot about your kids education (obviously), please remember, those days when only metro city students are in the top ten list of board exam results are gone, if you check the recent years results you will notice that students from small town/ rural schools are doing great.

    If you don't want to give a sudden drastic change to your 6 year old then stay in the metro city for a year or two and then move to your home town if you want. OR if your intension is to work in the software industry then metros are the best choice and fyi the market is very hot now.

    All I can say is you are thinking in the right direction, good luck.

    Folks, there is thought that keeps coming to mind about where to go back in India when we finally plan to...

    When we came in 2002 we did think that we will go back in a couple of years at the most....but it's been longer...we definately love it hear but think that should settle down in India rather for multiple reasons (mostly personal reasons)

    I am from a small town in India and it is definately not a IT hub, my wife is from Mumbai and we think it is now too crowded (as always -:) or say to hectiv a life in Mumbai....

    so then which is the best place to go ...Pune ? I hear that even that is very crowded and not to mention the sky rocketing real estate....

    We have 2 kids...one 6 years and the younger one ...one year....
    How is schooling back home ? I hear that the studies for the school there are much more difficult compared to here ? I mean can kids going from here cope up there in schools ?

    I also hear that there are foreign schools....for which I might have to continue working here to pay the fees -;)

    Thoughts friends ?

    I am in the software industry (Business Inteligence)


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  • snathan
    02-22 10:57 PM
    Is there a specific stage in the process till which point i have to be in US. If I go back, I will go back to India on a job with the same employer and can come back later with the same employer. Thanks.

    Technically No. But you never know what USCIS will ask for

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  • Alabaman
    08-21 10:44 AM
    Contact them for what?


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  • cubedflash
    01-28 10:49 AM

    Sorry for the delay in the answer. I have never heard of an import staying with your FLA file after being erased. It sounds like there is an error in Flash. I would recommend contacting our support - support@erain.com.

    Here are some tips from my friend Rushvision on keeping file size low:

    There are a number of different things you can do to decrease the file size of your exported SWF. Here are the some things for you to try.

    Scale your objects down in the Scene Editor
    Go to the Layout Page on the Properties Toolbar and decrease the scene size. You are working with vectors, so your images will scale back up very nicely once imported into Flash.
    Some objects have settings that allow you to change the number of segments used to create it, such as the torus and the sphere. Decreasing the number of segments will reduce the amount of data that needs to be rendered.
    Get rid of any unnecessary bevels. These add considerably to the total number of polygons that make up the objects in your scene.
    In the Preview and Export Editor under the General Options, you can set the Detail Level to low.
    Setting the slider farther over to Curves will usually result in a slightly smaller file size, but don't expect this one to work miracles.
    Experiment with the different Fill Settings. There is no one setting that works best for every situation. Try combining outlines with some of the simpler fill settings to get the greatest amount of detail and the smallest file size. It will often be a compromise on some level.

    Good luck!


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  • pappu
    12-17 09:57 PM
    I attended the event at UMass Lowell. Congressman Marty Meehan and new governor elect Deval Patrick were at the event. The topic of discussion was "global warming". Both governor and congressman took off after the event but I had a chance to talk to their staff.

    One of congressman's staff went through the folder I provided with IV documents but he works for energy related issues and will pass to the staff dealing with immigration. He did provide me the senior staff member who looks into immigration issues. I'm going to email and try and meet him. Congressman Meehan is part of the judiciary committee related to immigration.

    MA members> I'll send out a separate email to you guys and each one of us should contact and educate the congressman though his main focus seems to be the climate change issue.
    Great effort. If all of us have the same kind of drive and effort, we will surely get the law passed soon.
    Pls follow up with the staff and also try to get an appointment with this lawmaker. If you can go and take some other MA members along, it will be helpful.


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  • tikka
    05-24 02:41 PM
    Please take a minute to send the WEB FAX.!!

    Thank you

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  • roseball
    02-18 03:25 PM
    Thanks, Elaine!

    I have a follow-up question: Can the experience gained with the current Employer be used as basis for the EB2?

    Yes, but only if the new EB-2 positon's job duties are atleast 50% different from your current job duties.

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  • tinuverma
    10-23 07:37 PM
    I live in OKC...so Tulsa comes by default.

    08-13 01:09 PM
    I have same case.
    X:EB2-I-140-PD DEC 2004 approved JAN 2008
    Y: EB2-I-140-PD DEC 2007 approved July 2007

    485 filed on Jul2 2007 with Y I-140

    On aug 1st lawyer sent a request to USCIS to process the I-485 with X-140 PD.

    Still no LUD on I-485/I-140...
    Anyone knows how long it takes for such cases?

    05-05 04:37 PM
    No reason to deny your 7th year H1 extension based on the fact that it is for a different role. It DOESNT have to be "same or similar" for this case.

    But the "same or similar" comes into picture for your 485 approval. Well........ at that time ... if the original LC position is still available for you permanently, no issues.

    What happens to the GC petition? I guess that is probably also Amit's concern in the long term

    - cheers