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  • tsarun11
    07-12 05:33 PM
    I have the same question. I have my labor approved (pre-approved labor) and I-140 approved. My PD is Nov-04. I don't have a copy of my approved I-140 and my company does not give it to me.

    If I wish to change companies, how do I proceed - Is there a circumvent process?




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  • jliechty
    May 23rd, 2005, 08:54 PM
    Gary, I'm just thinking of mine which is a circular polarizer. You rotate the polarizer to achieve the desired amount of polarization. So I can rotate it one way and either darken or lighten the sky. All but your last pic looked as if it was darker on the right side which lead me to the assumption it was a circular type. There's a linear type too which I have never used so I'm not sure how it works, but I imagine it doesn't rotate (anyone?).
    Linear vs. Circular has mainly to do with whether it works with metering and autofocus sensors in modern cameras. Both polarizers rotate and function similarly (I'm not sure if there is any difference in the effect shown in the image, but I doubt it).

    Anyway, an unevenly polarized sky happens not because the polarizer is not rotated properly / enough, but rather because the camera is not quite at a 90 degree angle to the sun; this uneven polarization becomes more noticeable with wide angle lenses (to a point, then as even wider lenses are used, the sky will get dark in the middle and lighter on the edges even right at 90 degrees from the sun).




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  • ajay
    04-05 09:54 AM
    I found this in another website:

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=685c8d8b3b760210VgnVCM1000004718190aRCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD

    "Since the beginning of this fiscal year (October 2008), USCIS has adjudicated over 75,000 employer petitions, reducing the pending caseload of petitions to under 55,000.USCIS� goal is to have adjudicated all the older employer petitions, and to be processing newer petitions within 4 months, by the end of September 2009"
    The last updated date is 04/02/2009. Seems like they have updated something quite recently!!!




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  • optimystic
    03-19 05:55 PM
    May be this is the general process, but I know of a case with RD in June last week and PD in 2003 Mar got approved last Nov/Dec area. It is an EB3 India case.

    That would be quite surprising (but not unusual with USCIS :confused: ).

    If the case has RD in last week of June then theoretically it had some windows where its PD would have been current

    June last week - July 2 and
    July 17 - Aug 17th.

    But looks like the approval happened in Nov/Dec 07...nowhere near the possible PD current time frames I mentioned above. And also during Nov/Dec 07, EB3- India was 'U' ...so how did the case get adjudicated, and Visa number assigned during that time frame ??? !! One could not even argue that the case got adjudicated and visa assigned during July/Aug timeframes but got stuck for a while before the approval was mailed....'cos its about 3-4 months difference to the time the actual approval was mailed!

    Should people who get such unusual approvals be worried that USCIS may realise their mistake later and retract the asssigned Visa numbers and put the case back into adjustment of status mode?? I hope not for the sake of sanity of those people who got the approval !


    More the reason for me to get the Infopass in April and hopefully force them to open up my case and look if it can be adjudicated.. :( . I wonder what my company's immigration attorneys would say. They usually do not recommend the applicants directly contacting USCIS.



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  • marlon2006
    06-13 02:49 PM
    Hi Renata,
    I am from Brazil as well. My PD is April 2002. This cut-off date is making my professional life miserable. My wife questions on whether it is worthed the wait or we should just go to the South in Brazil and enjoy professional freedom there.

    I hope that the potential unused visas from EB2 World can get transferred to EB3 World in October. Also, who knows perhaps the visa numbers on October 2006 can make our dates advance to 2002 ? Let's see, but in this process, nothing is certain. The only thing that it seems certain is that USCIS/DOS made a remark that advancement in cut-off dates should slow down or even retrogress further this Summer. Gloom scenario.


    Hi camberiu,

    my PD is November 2001 and we are hoping that next bulletin will get us there. Keeping our fingers crossed. I am from Europe and my husband from Brazil (on H4 and probably the only unemployed software engineer!!!!!) We cannot wait to file and get his EAD! Good luck!

    Renata




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  • glus
    03-19 11:29 AM
    If you have left your I-140 company, that I-140 is dead. No wonder you have not heard back. It's not pending, it's cancelled. I-140 is employer based and therefore if USCIS said they were not satisfied with place of work, which reads: not enough income for the company to be able to pay you the salary declared in the I140 app. If you did not reply to their show-cause within the time frame stated, your I-140 application is deemed abandoned.

    This is not true. I140 can be approved even after one leaves the company. I140 is only a "check" that the person i qualified and a company able to pay a "FUTURE OFFER OF EMPLOYMENT." Please do not post untrue statements unless your are absolutely sure. He can work in CA and have a 140 approved in NY, and move to NY when his Priority Date becomes current.

    I140 is only dead if a company request to withdraw I140 petition before it is approved. If his I140 is "pending" it is not dead.



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  • Lasantha
    02-26 10:38 AM
    If they still pre-adjudicated they might not need to move the date backwards, but if they pre-adjudicated we are more likely to loss GC. For example if they adjudicate 180,000 applications per year, but that included 80,000 pre-adjudications then we would loss 40,000 visas that year. So now they adjudicate what they can issue visas for.


    I really did not get that one. Is it possible to explain that please?




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  • jonty_11
    07-05 04:51 PM
    Why do you think you would be denied entry in canada? You are legal to enter Canada with your PR approval. There is no question of "intent" when you are already approved for permanent residency.
    and u dont have to get h1 visa appt (unless u ahve already booked it)....if u have any VISA in passport that is expired....u can use auto reval...

    assuming u have a VISA (expired) and didnt jump the fence.



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  • nk2006
    12-07 02:40 PM
    Friends,

    I apoligizeif I was posting this message in the wrong section.

    I'm on H1B and filed my 140/485 concurrently in Aug 2007. Can I do ONLINE MBA with out affecting GC process?

    Yes.
    I think you can take classes (online or even regular in-class) as long as you maintian your primary H1B status - i.e. continue to work with the employer on the specified job/number of hours etc.

    (note: I am not a lawyer)




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  • graylensman
    11-25 02:15 PM
    * Due to my mistake, graylensman's votes weren't counted in the final poll.

    For what it's worth, four of my five selections did indeed make it into the final balloting.



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  • Munna Bhai
    04-27 12:11 PM
    Hi,


    I am in a unique situation as far as capture of earlier PD is concerned.

    My company had filed an LC for me in EB3 with PD of Oct '03.

    I get fed up waiting for that and got another LC filed with PD Nov 05 in EB2.

    I have got my I140 approved for the same and also 3yr ext. based on that as well.

    My EB3 LC is approved as well now.

    My question to somehow capture the PD of my EB3 LC.

    Is it possible ? Is anyone in the same boat ?

    Regards.


    09/12/2006 Michael Aytes Memo, section 22.2(d)(3) page 28:

    http://www.uscis.gov/files/pressrele...22_091206R.pdf


    (3) Priority Date Based on Earlier Petition.
    If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
    Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.




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  • gccovet
    09-04 10:12 AM
    Question : If I get H1 transferred to NEWEMP (basically work on H1 and NOT EAD), and CURREMP revokes I-140, will this effect my GC process. I intend to work on H1 and keep on renewing EAD based on i-485 filed. NEWEMP will be providing AC21 letter which will be send to USCIS after I join them.

    NO, I-485 filing > 180, also the I-140 is approved.

    1. Will there be any effect to my GC process in case CURR Company revokes I-140?
    No. if you send AC21 letter, you will not receive NOID (you might get RFE)

    2. Can I keep on renewing EAD even though I would work on H1 with NewEMP?
    Yes

    Here is my thought -
    If you are on H1B until Dec 2009, you will have to file H1B Extention for 7th Year (I am guessing you are in your second h1B renewal). For any reason if you get denial for I-485, your H1B extention will also be cancelled, remember extention was given to you on the basis of pending I-485 (GC).
    so after DEC 2009 , it's the same wheather you are on EAD or H1B Extention.

    Let say if you start using EAD now, you will have 1 yr 5 months left on your H1B. if there is something wrong with I-485, you can file H1B from different employer (this will not count against quota, as you have unsed 1 yr 5 month left on your H1B), go out of country and come back on H1B (you have more than 1 year left you can start another GC process :))
    just my thought, you might want to validate this with any leagal expert.

    Thank you Amit for your response.
    GCCovet



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  • watzgc
    02-11 03:29 AM
    I agree, you should stay on an H1b as much as you possibly can. The H1b is already approved and you can transfer an existing H1b to a new employer (don't have to get a new H1b). But if you invoke the EAD status, you will forever lose your H1b. If anything goes wrong with your pending I-485 and you are still on an H1b, you still have time to appeal and to work through the issues. But if you are on the EAD at this time, then thats it, you have no time left because your EAD is issued to you as conditional approval of your pending I-485. You need to weigh the risks and benefits in taking a job with an employer who will not sponsor you on an H1b.

    Best of Luck
    Hi Diptam/NolaIndian,

    I have quick questions,

    1. I'm waiting for my H1b extenion for employer A and grace period 240 days,getting over
    2. can I use EAD (from emp A) till I get my approval for employer A ?.
    3. Can switch back to same h1b extension after received it ?.

    thanks for ur time to reply.




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  • jayleno
    12-15 03:44 PM
    :D Nice find. Does it really say where he is from or where the wife has to go in case of the husband being laid off in 4 months time? It just says the person was born in India. I really dont want to extend this...please stop responding.

    Read line 2 of this thread, OP says he is EB3-India , so why should he not send his wife to India ??



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  • needhelp!
    08-31 12:14 AM
    OK so we're 1 million in the backlog. That could be a small country.

    Instead of spending hundreds of thousands on lobbying, we can just buy a piece of land somewhere (big enough to have a passport office building), get immediate citizenship in our new country and then USCIS will be able to process our GC applications within a year.

    Someone from Taiwan (and smaller neighboring countries) can get GC in 1 year but if you're from China you will wait 6-10 years. I am not sure of how much cultural differences exist between these two countries, all I know is that my Taiwanese friend speaks Chinese, goes to Chinese church. So much for diversity.

    So.. if anyone has the info on how to register a new country, I'd like to know.

    Sorry, its the wee hours and I just felt like posting this. Please close thread as and when desired.

    Sidenote: Hear IV Rally announcement on Dallas Radio www.funasia.net (http://www.funasia.net) in the following slots (Central Time)
    8/31:7.45am & 6pm;
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  • vin13
    07-01 02:10 PM
    I am not sure if this is what you are looking for...please check this. It says someone on "Parole" may be eligible non-citizen.

    Source:Completing the FAFSA 07-08/The Application Questions(14-31) (http://studentaid.ed.gov/students/publications/completing_fafsa/2007_2008/ques2-1.html)
    Citizenship status. You can receive federal student financial aid only if you are a U.S. citizen or an eligible noncitizen. If you have changed from a noncitizen to a citizen and have not informed the SSA, contact the SSA to update your status. Otherwise, the SSA may report that you are not a citizen, and you will have to provide citizenship documentation before receiving aid.

    For financial aid purposes, an eligible noncitizen is one of the following:

    A U.S. permanent resident who has a Permanent Resident Card (I-551 or I-151)
    A conditional permanent resident (I-551C)
    A noncitizen with an Arrival-Departure Record (I-94) from the Department of Homeland Security (DHS) (specifically, the U.S. Citizenship and Immigration Services) showing any one of the following designations: "Refugee," "Asylum Granted," "Parole" (the I-94 must confirm 'paroled for a minimum of 1-year and status' has not expired), or "Cuban-Haitian Entrant"
    If you are neither a citizen nor an eligible noncitizen, you are not eligible for federal student aid; for example, you are not eligible if you are in the U.S. on one of the following:

    An F-1, F-2, or M-1 student visa
    A J-1 or J-2 exchange visitor visa
    A B-1 or B-2 visitor visa
    A G series visa (pertaining to international organizations)
    An H series or L series visa (allowing temporary employment in the U.S.)
    A "Notice of Approval to Apply for Permanent Residence" (I-171 or I-464)
    An I-94 stamped "Temporary Protected Status"
    However, you may be eligible for state or institutional aid and may therefore wish to complete the FAFSA to apply for that aid. If you are completing a paper FAFSA, fill in oval C. On FAFSA on the Web, indicate that you are not a citizen by using the drop down menu. Please note, however, that if you do not have a Social Security number, the processor will not process your FAFSA. If you are in this situation, you should contact your school for information on how to proceed.



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  • menimmigration
    07-19 09:48 AM
    Hello IV Members,

    I have a question about my Wife status(H4) here in United States, My I-485 (EB3/PD DEC 2003) got approved on July 16'th and my lawyer says they have applied my wife I-485 application on July 17'th after USCIS released rescinded July 2'nd bulletin.

    My I-485 was applied before our marriage,Can anybody please share some thoughts on my wife status(H4) at present??.

    Any help on getting more information will be greatly appreciated..My lawyer says she should be fine.please share your experiences.

    Thanks.




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  • pd052009
    08-20 02:40 PM
    Ron says, The USCIS teleconference concerning implementation of PL 111-230 provided the following information:

    * The new tax DOES NOT apply to extensions or amendments


    This will help the people like me who are stuck in GC process...




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  • LostInGCProcess
    08-25 11:53 AM
    Hi there,

    My wife is going to Chennai for a H1 visa stamping. Her old visa expired somewhere in 2006. She is now on her second extension of H1 and has not traveled since then...now she is going to India and going to Chennai consulate to get her H1 visa.

    She is a dependent on me wrt i-485. She has EAD and AP. However, she is still on H1 (hasn't used the EAD thus far).

    My hypothetical question is: in the even if she gets a 221(g) at the consulate can she return to US with the AP she has?

    Thanks,




    Saralayar
    01-13 10:44 PM
    Received I140 Approved Documents using FOI Act.

    I use to suffer from my rough Employer (Desi), who never used to give me any of my Immigration Documents including Approved H1 dosument. I asked him to give atleast my H1 document so that I can go for Visa Stamping. He is such a bloody rough and he wants me to stay with him as bonded labor. I used to beg my Salary every month and never use to get my payment what I need to receive.
    Meanwhile, I heard about FOI (Freedom of Information Act) and applied for it in 7 months back for the Approved I140 Documents. I applied for it and forget. To my surprise I received all the I140 related Approved documents yesterday evening. I have already changed that rough Employer without Approved H1 Notice. Now, I am very happy person working for a nice and decent Employer.

    Thanks to all supporters/friends who work in these forums providing Information for the benefit of other people.
    How long it took for you to get a copy of your I-140?. Did you get the copies of your Labor certifcation details too?. Was your case filed in PERM?. I appreciate your reply in advance.




    pappu
    07-29 11:45 AM
    My son is an U.S citizen (4 years old) and my Attorney successfully filed a petion on behalf of me and mywife.

    But that petion is based on EB2 :p
    I did not understand your answer.
    How come your 4 year old son apply in EB2 category and sponsor the parents. I know the application is for future employment. But this one is stretching too far? :)



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