Sunday, June 19, 2011

love poems for guys_09

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  • kanakabyraju
    08-20 02:50 PM
    Thanks LT. I have to be in india for a wedding in the second week of sept. I thought being valid is good enough. Where did you find the six month passport validity needed for travel. I can get it renewed while I'm in India but I'm not sure how long it will get it to be renewed in India. I'm planning to be in India for three weeks. Thanks again.

    Use tatkal service at India embassy and you may get it on the same day.





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  • GCmuddu_H1BVaddu
    05-19 09:03 PM
    Dude snathan,

    I am not responding to you for this response, I have seen your responses before.

    You definetly need to consider taking this How to Communicate with Diplomacy, Tact and Credibility (http://www.amanet.org/training/seminars/How-to-Communicate-with-Diplomacy-Tact-and-Credibility.aspx)

    Take it easy buddy, trying to help you....



    Then whats the purpose of AP....?





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  • joeshmoe
    09-04 12:37 PM
    Congrats!!!!:cool:

    I remember you because you created the "June 1st filers - receipt " thread.

    I hope many approvals come soon.

    I would appreciate detailed signature will help us.

    See my signature, hope it helps. I got an LUD on my 485 on August 30th but I had no idea why, I guess it might have been the NameCheck and then this email this morning .... unf.. believable!





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  • ragz4u
    05-11 05:42 PM
    While I was listening to this I was like we need to get this Amit dude to IV. Little did I know that he is already one :)

    You put out all our issues and pretty eloquently too. Good job :)



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  • starseed
    07-21 05:49 PM
    I did read some other posts re: this, but I'm not too sure how to go about it, what to say to them, etc? Should it be in writing, by phone? Plus the state of CA is so overwhelmed with budget issues, do you think they'd want to devote time to it? :confused:





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  • TexDBoy
    06-16 05:57 PM
    If only Labour is approved and you change employer, you will lose it and have to start from the scrach. Only if your I-140 is approved and its more than six months, you can use the PD.

    I am not sure about six months ... That is only when you file 485 and want to use AC21 to continue your GC process.

    Once your I-140 is approved, then you lock the PD from that moment itself.



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  • guy03062
    07-17 07:00 PM
    Kudos to IV Core team and all of its members for this big success!!

    Charge From Credit Card (ID #50578943NT35xxxxx)
    Original Transaction
    Date Type Status Details Amount
    Jul. 17, 2007 Payment To Immigration Voice Completed Details -$50.00 USD
    Status: Completed





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  • bmoni
    08-21 10:34 PM
    Thanks bushman06.



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  • rampabbaraju
    02-09 07:47 PM
    When I was entering into US with a passport valid for next 9 months, I showed my new H1B(I797) document to the immigration officer in the airport. I got I-94 based on the date in my H1B document not by the passport expiration date.

    I had similar issue and went upto the local Deferred Inspection Office but couldn't get it done there. So I travelled upto Mexico border, didn't even have to enter into Mexico. I went upto the office and the officer had an idea about my situation and issued new I-94. I found (while searching through posts on other threads) that some DI offices do realize about this problem and they issue I-94 within U.S.

    I'd say try at one of your DI offices if not you can travel upto the border. Call the border to make sure if they do issue I-94 for such cases.





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  • Bpositive
    02-22 05:17 PM
    Talk to a good lawyer...you should be able to sort it out..Congrats on getting into the Phd program at MIT. No mean task...



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  • go_guy123
    08-24 04:52 PM
    ILW.COM - immigration news: Ninth Circuit In Herrera v. <em>USCIS</em> Rules That Revocation Of I-140 Petition Trumps Portability (http://www.ilw.com/articles/2009,0825-mehta.shtm)

    Ninth Circuit In Herrera v. USCIS Rules That Revocation Of I-140 Petition Trumps Portability
    by Cyrus D. Mehta

    As the Employment-based categories remain hopeless backlogged,1 especially for those born in India and China in the Employment-based Second Preference (EB-2) and for the entire world in the Employment-Based Third Preference (EB-3),2 the only silver lining is the ability of the applicant to exercise portability under INA � 204(j).

    Under INA � 204(j), an I-140 petition3 remains valid even if the alien has changed employers or jobs so long as an application for adjustment of status has been filed and remains unadjudicated for 180 days or more and that the applicant has changed jobs or employers in the same or similar occupational classification as the job for which the petition was filed.

    Stated simply, an applicant for adjustment of status (Form I-485) can move to a new employer or change positions with the same employer who filed the I-140 petition as long as the new position is in a same or similar occupation as the original position.4 This individual who has changed jobs can still continue to enjoy the benefits of the I-485 application and the ability to obtain permanent residency. � 204(j), thus, allows one not to be imprisoned with an employer or in one position if an adjustment application is pending for more than 180 days. A delay of more than 180 days may be caused either due to inefficiency with United States Immigration and Citizenship Services (�USCIS�), or more recently, due the retrogression in visa numbers in the EB-2 and EB-3 categories.

    A recent decision from the Ninth Circuit, Herrera v. USCIS, No. 08-55493, 2009 WL 1911596 (C.A. 9 (Cal.)), 2009 U.S. App. LEXIS 14592,5 unfortunately, may render adjustment applicants who have exercised portability under INA � 204(j) more vulnerable.

    In Herrera v. USCIS, the petitioner in this case, Herrera, was the beneficiary of an approved I-140 petition, which was filed under INA � 203(b)(1)(C) as an alien who seeks to work for a company �in the capacity that is managerial or executive.�6 At Herrera�s adjustment of status interview, the examining officer discovered that she was not truly employed in a managerial or executive capacity for the petitioning employer. The employer who filed the I-140 petition, Jugendstil, did not manufacture furniture, as it stated in the I-140 petition, but rather, engaged in interior designing services. Following the adjustment interview, and long after the adjustment application was pending for more than 180 days, Herrera exercised portability to a new employer. Unfortunately, a few months after she had exercised portability, the California Service Center (�CSC�) issued a notice of intent to revoke Herrera�s previously approved I-140 petition. This notice, which was sent to the prior employer that filed the I-140 petition, alleged that Herrera did not work in a managerial or executive capacity due to the size of the petitioning entity ( which had only 7 employees) and also because of her lack of managerial or executive job duties, which included visits to client sites. The CSC ultimately revoked the I-140 petition after giving Jugendstil an opportunity to respond. This indeed is anomalous, since the original I-140 petitioner, after the alien has exercised portability, may not have an incentive to respond. However, in this case, Jugendstil did appear to have an incentive to respond (and litigate the matter) as Herrera had �ported� to Bay Area Bumpers, an affiliate of Jugendstil. The Administrative Appeals Office (AAO) affirmed the denial, and so did the federal district court.

    At issue in Herrera v. USCIS was whether the government�s authority to revoke an I-140 petition under INA � 205 survived portability under INA � 204(j). INA � 205 states, �The Secretary of Homeland Security may, at any time, for what he deems to be good and sufficient cause, revoke the approval of any petition approved by him under section 204. Such revocation shall be effective as of the date of approval of any such petition.�

    The Ninth Circuit agreed with the government that it continued to have the power to revoke a petition under INA � 205 even though the alien may have successfully exercised portability under INA � 204(j). The Ninth Circuit reasoned that in order to �remain valid� under INA � 204(j), the I-140 petition must have been valid from the start. If a petition should never have been approved, the petitioner was not and had never been valid. The Ninth Circuit also cited with approval an AAO decision, which previously held in 2005 that a petition that is deniable, or not approvable, will not be considered valid for purposes under INA � 204(j).7 Finally, the Ninth Circuit reasoned that if Herrera�s argument prevailed, it would have unintended practical consequences, which Congress never intended. For instance, an alien who exercised portability, such as Herrera, would be immune to revocation, but an alien who remained with the petitioning employer would not be able to be so immune. If the opposite were true, according to the Ninth Circuit, an applicant would have a huge incentive to change jobs in order to escape the revocation of an I-140 petition. Finally, the Ninth Circuit also examined the merits of the revocation, and held that the AAO�s decision was supported by substantial evidence.8

    Based on the holding in Herrera v. USCIS, adjustment applicants who have exercised portability better beware in the event that the USCIS later decides to revoke your I-140 petition. 8 CFR � 205.2 (a), which implements INA � 205, gives authority to any Service officer to revoke a petition �when the necessity of revocation comes to the attention of the Service.� Also, under 8 CFR � 205.2(b), the Service needs to only give notice to the petitioner of the revocation and an opportunity to rebut. An adjustment applicant who has exercised portability may not be so fortunate to have a petitioner who may be interested in responding to the notice of revocation, leave alone informing this individual who may no longer be within his or her prior employer�s orbit.

    Finally, of most concern, is whether every revocation dooms the adjustment applicant who has �ported� under INA � 204(j). Not all revocations are caused by the fact that the petition may have not been valid from the very outset. For instance, under the automatic revocation provisions in 8 CFR � 205.1(a)(3)(iii), an I-140 petition may be automatically revoked �[u]pon written notice of withdrawal filed by the petitioner, in employment-based preference cases, with any officer of the Service who is authorized to grant or deny petitions.� An employer may routinely, out of abundant caution, decide to inform the USCIS if its employee leaves, even though he or she may legitimately assert portability as a pending adjustment applicant. Such a revocation of the I-140 ought to be distinguished from Herrera v. USCIS as the I-140 was valid from its inception but for the fact that the employer initiated the withdrawal. Similarly, another ground for automatic termination is upon the termination of the employer�s business.9 It would not make sense to deny someone portability if the petitioning entity, which previously sponsored him or her, went out of business, but was viable at the time it had sponsored the alien. Indeed, one Q&A in the Aytes Memo, supra, at least addresses the issue of an employer�s withdrawal:10

    �Question 11. When is an I-140 no longer valid for porting purposes?�

    Answer: An I-140 petition is no longer valid for porting purposes when:

    1. an I-140 is withdrawn before the alien�s I-485 has been pending 180 days, or
    2. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal that was submitted after an I-485 has been pending for 180 days.�

    It is hoped that Herrera v. USCIS, a classic instance of bad facts making bad law, does not affect those whose petitions have been revoked after the original employer submitted a withdrawal after an I-485 application was pending for more than 180 days. The Aytes Memo makes clear that this should not be the case. Less clear is whether a revocation caused by the termination of the employer�s business should have an impact on an adjustment applicant�s ability to exercise portability.11 The Aytes Memo seems to suggest that such a person who has exercised portability may be jeopardized if the I-140 petition is revoked. It is one thing to deny portability to someone whose I-140 petition was never valid, although hopefully the individual who has ported ought to be given the ability to challenge the revocation in addition to the original petitioner.12 On the other hand, there is absolutely no justification to deny portability when revocation of an I-140 petition occurs upon the business terminating, after it had been viable when the I-140 was filed and approved, or when the employer submits a notice of withdrawal of the I-140 petition after the I-485 has been pending for more than 180 days.





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  • GCard_Dream
    04-05 03:29 PM
    I am in my 6th year H1B and have an approved I-140 (EB3) with PD in 2005. I am seriously considering moving to another company in order to be able to file in EB2 because of current priority date in that category. You guessed it; I am from ROW and I will qualify for EB2.

    I have had several interviews but some of the employers were worried about the fact that I am in my 6th year and whether there was enough time for me to be able to safely transfer everything over to the new company. From what I know, here are the steps involved:

    * transfer H1B - 1 month
    * New labor - 3 month (max)
    * I-140 - 1 month (premium)

    So within 5 months, I-140 could be approved and then I'll be able to extend my H1B.

    1. Is the timeframe I am thinking realistic?
    2. Since I only have about 7 months left in my current H1B, is it wise to take this risk?
    3. What could be the greatest risk in transferring companies at this stage?

    Thanks in advance for your help.



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  • sreeanne
    02-04 05:30 PM
    Me and my were indian nationals with EAD etc. Our Kid was born here. We are planning to go to India and planning to apply for Visa for our kid.

    I would like to know 10year indian visa is best of PIO card is best. I read some where that if any one has PIO card, and if they are staying more than 180days, we have to report to Foriegners Report cell in india.

    Do we need to report the same if kid has india visa for 10years?

    I am not sure how far this is true? Can anyone guide on this.

    ~Sree





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  • rajmalhotra
    02-08 04:32 PM
    Does anyone else know of other instances of this happening?



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  • laksmi
    02-18 02:33 PM
    Is paystub needed When a person is on H1B and is out of project when AOS on 485.


    I'm also in similar situation - my current project will also end by Mar 30th and its tough getting a new Project outside since my employer wants to make big money out of me (they keep fat margins) .... My H is valid till Sep 10 but it doesn't matter as soon as the current employer cancels it or asks u to go out of the country.

    Do a H transfer immediately with some other company so that u remain in status...

    Then file GC with that new company. GC can't be filed on your own - The PERM Labor and I-140 must need a employer and the 3rd stage I-485,EAD,AP you can file on your own.





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  • LongJourny
    02-03 10:54 PM
    Hi Guys,

    Thought you might interested in my case status. I have visited chennai consulate and my case was approved without any questions raised. They did not even asked any documents for verification. All I submitted were DS 156, DS 157 AND I797. I am glad to share my experience. Thanks for offering suggestions and sharing your experience. :D



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  • VenuK
    07-09 11:29 PM
    --H1-B Case History--
    Had H1 with company X from June 04 to Dec 07. Applied for extension in Jun 07.
    Got RFE in Feb 08, received Denial on May 2nd, 08.had 2 options at that moment
    (1) Make an appeal ( which i did)
    (2) Leave the country in 30 days. ( which i obviously not choosen)

    Made appeal. same time applied for H1-B Transfer with Company Y with Premium Processing
    on May 29th,2008 through consular processing. Received Approval Notice on Jun 6th, 2008
    with Same I-94 number that of company X. I have to get visa stamped with
    company Y asap.

    --Points to be noted--
    (1) paystubb are still generated with company X till current date.
    (2) passport coming to expiration on March, 2009
    (3) I'm currently working at the client site.(started since Sep, 07)
    (4) Did Masters from Jan 2001 to Dec 2003

    --PIMS Verification--
    I heard new process being put in place.
    does any one knows the email id, phone number or fax to whom i should send the I-797 for Verification process. Planning to go Tijuana, Mexico.

    --Questions--
    Does any one can advice who have gone (or) is under similar situation
    on the following things?

    (1) Is it legal to work in current situation that I'm in
    (2) how good are my chances for getting visa stamped in Tijuana,Mexico.
    (3) Planning to go for stamping in Next couple of months. kindly let me know if any one
    wants to join me for getting stamping done in Tijuana, Mexico.
    (4) Additional information in this related is more than welcome
    (5) What could be the potential questions that can be asked during stamping interview?





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  • mohitb272
    10-22 04:03 PM
    My friend also got her checks encashed last friday...thanks for replying everyone :)





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  • MArch172008
    05-24 03:02 AM
    How much time it is taking for I140 processing ?
    Is there any hope in near future for priority dates to be current?

    regards





    tnite
    06-27 11:22 AM
    Is this information true?

    My 140 is pending and I don't have the A#. Can I use that from my OPT card?


    yes. use the A# found on your OPT EAD





    casinoroyale
    01-24 04:36 PM
    I don't think you need to withdraw your H1B visa application.


    lostinGCland: My wife (on H4) is in the same boat as you. Do you have AP in hand yet, and did they return your passport to you? If yes on both, then my attorney recommended to send a letter to the consulate instructing them to withdraw your H1B stamping application, then with a copy of that letter in hand, along with the AP, reenter the US on AP. Good luck!



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