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please anybody????????

Can you please let me know anyone. I had this doubt because one of my friend is saying,

During PORT OF ENTRY AP can only be used with EAD. Expired EAD will be an issue here.
Even if you do not use EAD and in H1.


PLEASE LET ME KNOW:confused:

i think your best bet is to get an Indian Visa for your kid...the PIO card takes atleast 45 business days and the OCI takes almost 20 weeks!! I just applied for the PIO card for my daughter last friday at the DC consulate and they said it will be 45 days. BTW..thats not consulate dependent - the website also says that 45 days is the processing time.

also.. the US passport took 4-6 weeks (normal processing) you can pay extra and get it expedited.

Keep in mind that when you apply for the PIO card they will take the original US passport so incase you change your mind later and want to apply for a Visa you wont be able to!!

Very nice as usual edwin :)

I received my Labor Certificate with PERM process. Right now, I can't continue the process for I-140 and I-485. My lawyer just found out that my degree is Master of Business Administration, while the Labor Certificate is based on Master of Science. My current position is Software Engineer.

My questions are:
1. Is there a problem of having an MBA and working as a software engineer? As my understanding, MBA and MSc are the same level.
2. Can I continue the case since I already got my Labor Certificate?

I appreciate your feedback. Thank you.
Amend the LC!

with a GC already fatest option might be to go to Mahabaleshwar for some honeymoon:)

Now is the time to take action.


Thank you. If you could be so kind to keep encourgaing people to contribute and then post in the funding thread.
we need $ for lobbying.

Thank you

Hi everyone.

i entered usa on j-1 visa. it expired on october 1, 2007. i got married a little before that - in the first week of september.
in november i filed i-130, i-485 together with AP and EAD. a week ago i received my AP and EAD. as i planned a trip to Europe for 3 weeks to see my parents - my wife consulted a lawyer (a friend of a friend). the lawyer said that i should not leave the country since i have been out of status since october 1st and it is now dangerously close to 6 months and if i leave i can get a 3 year bar and will not be admitted back. my i-130 and i-485 are still pending. my j-1 does not have 2 year rule.

PS. i did use search and didn't find a similar situation. my wife is freaked and i just wanted to hear second opinion from others.
will be very grateful.
thank you.

HI Surge
As far as i have understood , if you have filed your I485 before expiry of your I-94 then you are legal in the country and you can use your AP to travel.

DirectX/OpenGL can be used in a windowed environment, so even if you just want to do Win32 stuff DirectX can enhance it.

lj_rr,

you dont need any special form to make FOIA request to DOL.

"The Department of Labor does not require a special form in order to make a FOIA request. Requests must be in writing, either handwritten or typed. Requests may be submitted by fax, courier services, mail, or to foiarequest@dol.gov. Although, as discussed immediately below, certain information may be required from a requester. "

U.S. Department of Labor -- Freedom of Information Act Guide (http://www.dol.gov/dol/foia/guide6.htm#how)


I wanted both Approval notice and Application(ETA-750), please tell me how to make this request?

Only my lawyer got the RFE - We didn't.

Love the analogy.

Thanks Coopheal for leaving the IV wiki effort.

Pappu,

Just wanted to clarify, is it 'Leaving' or 'Leading'?

My friend's I-485 application was sent to NSC on 26th July. No RN as yet...

Don't worry abt the receipt date on the transfer notice. It is the date on which yor app was entered in the system, Your RN for 485 (which you have not received yet) will have the july 26th as RD and would have sept 26th as ND

Hi Friends,

We had sent our apps to Nebraska on July 26 but we received a transfer notice for 485 from vermont with a receipt date of Sept 26 and notice date of Oct 3.

I always thought the receipt date of my application is the day when our application reached the center.

Can someone help explaining this....

Thanks,

First, you should not offer money for such a letter. Secondly, you can ask a colleague to write one for you. When you send a letter from a colleague, explain that the company had refused to write a letter for you. Include the phone number and the address of the company.
In general, a colleague letter is enough as long as the USCIS can verify the author of the letter.

If you have enough time or not depends on if your country of origin is retrogressed. In your case retrogression will help you.

You do not need to be working for the new employer for them to start the green card process. So no need to wait for H1B transfer. But most employers would not do that.

To get one year extensions, Your case has to be pending for at least a year. That clock starts when you apply for labor. With PERM there is two months of recruiting (one month recruiting and one month cool down) before you can apply for labor. So it looks like you will not meet this deadline. (You may be able to extend your current H1B for the time you were out of the country)

So your only hope is that your labor certification goes through and your I140 goes through and your country is retrogressed. Then the one year rule does not apply and you can extend H1B for three years.

So pray that congress does not fix the retrogression problem until you get your three year extension :)

You are wrong - he dont have to pray that retrogession to stay. If there is no retrogession he/she can apply for 485 along with I140 or if that option is not available he/she can apply for 485 after I140 approval; and can get EAD which makes him eligible to work pending 485 approval.

The above is quite possilbe and I have seen some people (from non-retrogessed countries) getting their EADs/greencards in less than a year time. In my company I have applied PERM along with another person (who is less experienced than me; much less education qualifications; and probably less salary as I am his technical lead). Both our PERM labors approved in the space of 10 days. Currently my EB2 I140 is pending; his concurrent I140 is approved and got EAD's for him and wife and is infact might get his cards soon unless they get stuck in name-check.

Moral of story: retrogession is bad anyway you cut it. In any case the probability of a bill passing seems not that bright; and even if a bill is passed it may not be impleted that soon anyway; so this retrogession story might continue for a while I guess; and we all can continue to get 1year/3year extensions :)

Dear Parshanthi Mam,

Thanks for your advise. IF my company does not file an amendment, then will i go out of status? And if i apply for H1 transfer using the 32 hrs paycheck, then will they deny the transfer or just approve the transfer for consular processing?

Thanks a lot again.

1. As per Feb 20, 1992 USCIS memo, the full-time work is generally considered to be 35-40 hours per week or whatever is appropriate for the occupation. For example, air traffic controllers work 30 hours a week because of the stress. Then, in that case 30 hours would be "full time".

2. The employer MUST notify the DOL and/or USCIS in advance by filing amended petition if the terms of the employment changes during the validity period of H1B1 petition.

3. It is very common to file H1B amendment for changing from full time to part time, changing job location, or changes in job duties.

Have a good day!

________________________
Not a legal advice
US citizen of Indian origin

Your company must file an amended petition for the reduced hours, they will have to follow the current prev wage survey, might be a problem to get a transfer if the USICS notices the low wages, yes they might evaluate the case again.

Thanks a lot for all that good information. You mentioned about O*NET category and job zone. What is O*NET category and how do I know what category does my current job and expected future job fall under?

if u switch status from h1 to h4...i think u willl be subjected to cap next time u file for H1..as its a fresh H1 and not H1-Transfer

Well you can always get the Equivalence Certificate from know Evaluator. USCIS also uses few Evaluators� for various purposes. You should find one of those and get the Evaluation done by them. 3 year Indian degree is VERY MUCH equal to a 4 years BS degree in the US. It's very interesting they way these evaluators do it.

It is true that you can use evaluators but things may get tough very soon, hence my request to everyone is "be prepared" and do let us know.

Arctic Butterfly works great. I picked one up in Toronto at Henry's after shooting some photos of the CN Tower. Noticed I had a few spots and sure enough they were on the high pass filter. I did attempt to blow the particles off but they were not budging. I decided to deploy the butterfly and it worked just fine. After two passes the dust was gone. I didn't find it a difficult or stressful task and never felt as if I was "at risk" of damaging my camera. My two cents.