rjgleason
October 23rd, 2005, 04:44 AM
Very nice Michael.....I would be interested in knowing the shooting parameters of these shots, what lenses used, etc. Also, your lighting set-up.
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bkshres
01-22 12:50 PM
I am also in similar situation.
I have pending I-485 and used AC21 to switch to the new company but I am still in H1B status. However, my wife is using EAD and she need to travel using AP.
Can anyone suggest whether there will be any issue in travelling outside USA, if I (Primary applicant) is still in H1B status but used AC-21 and wife is using EAD (has to use AP)?
Thanks in advance.
BK
I have pending I-485 and used AC21 to switch to the new company but I am still in H1B status. However, my wife is using EAD and she need to travel using AP.
Can anyone suggest whether there will be any issue in travelling outside USA, if I (Primary applicant) is still in H1B status but used AC-21 and wife is using EAD (has to use AP)?
Thanks in advance.
BK
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Templarian
11-26 12:24 AM
:lol: Fixed. but I refuse to use a jpeg
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capriol
04-15 02:49 PM
Dear Friends:
I would appreciate if someone could answer these 3 questions for me:
As you know, when we submitted our 485 (AOS-EB) applications, we also submitted a copy of our most recent 1-94 card with it. This summer I will be leaving the US for 4 months, and on my port of exit will be surrendering the 1-94 card (a copy of which is with the USCIS). On return I will be receiving a fresh 1-94 card. Now my questions are:
(1)Do I have to re-send the new 1-94 card to the USCIS which I receive upon my return?
(2)Will surrendering the old 1-94 and getting a new one mess up my 485 record (in case those folks want to verify anything again)?
(3)Have you heard of anyone who has had trouble re-entering the US with a pending 485; valid H1B visa; and no advanced parole?
Kindly let me know; I have no attorney, and your input will be so appreciated. Thanks.
I would appreciate if someone could answer these 3 questions for me:
As you know, when we submitted our 485 (AOS-EB) applications, we also submitted a copy of our most recent 1-94 card with it. This summer I will be leaving the US for 4 months, and on my port of exit will be surrendering the 1-94 card (a copy of which is with the USCIS). On return I will be receiving a fresh 1-94 card. Now my questions are:
(1)Do I have to re-send the new 1-94 card to the USCIS which I receive upon my return?
(2)Will surrendering the old 1-94 and getting a new one mess up my 485 record (in case those folks want to verify anything again)?
(3)Have you heard of anyone who has had trouble re-entering the US with a pending 485; valid H1B visa; and no advanced parole?
Kindly let me know; I have no attorney, and your input will be so appreciated. Thanks.
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needhelp!
04-15 05:35 PM
I'm happy it finally worked out for you! Will you be changing your handle now ? :)
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voldemar
03-20 12:09 PM
I believe if I-140 approved and was approved 120 days ago then employer cannot withdraw the application otherwise employer can always withdraw itEmployer can withdraw I-140 anytime. Don't be confused with AC21 wording - I-140 remains valid if it was approved and I-485 is pending for more than 180 days, even if I-140 has been withdrawn by employer.
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pgc10
02-03 12:13 PM
This is a grey area, in my opinion, some lawyers say that you should file those documents for AC21 and some say don't (just wait for RFE, if any). But I have seen people getting success and failure with either method on several other boards. Maybe it depends on how similar your new job description is to the old one and the IO.
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zCool
04-03 03:35 PM
See below for answers:
Hi there,
this is going to be a bit complicated but I'd appreciate any thoughts (or even just the advice to go get a/which lawyer for this one)....
Anyway, I am on an H1B right now but am going to switch jobs. My understanding is that once the new petition is filed I can start working for the second employer. I also would like to travel home during this time... So, here are my questions:
- Can you work for 2 employers at the same time while making the switch?
-- Simple words. NO. If you want to be on the payroll of 2 full-time employers at the same time, unless otherwise it is mentioned so in LCA it's illegal.
That does not stop you from holding approved H1b Petitions from 2 (or for that matter more than 2) employers at the same time. But you can only work for 1 employer.
- How long does it take to file a petition (can i/my new employer do that myself)? If no, any advice on which lawyer to pick??? Anybody heard of Visa PRO?
-- It should take less than 3 days. If an attorney has previously worked with your employer and has their records on the file etc. then maybe less. A lot of h1b and LCA application documentation involves writing big statements and letters related to employer's business, their need for your speciality skills etc. First time applications for any new employer-attorney pair will take couple of days to prepare these docs.
Good part is you can apply and get receipt in couple of weeks (Earlier if you apply in Premium) and then you are allowed to work for new employer.
- Is traveling to my home country OK while filing the petition or is it better to wait until I come back?
-- It it better to wait. Coz any travel outside can get you stranded if something goes wrong. but if you MUST travel then postpone change of employer till you come back. Meaning you can apply for h1 from new employer but do not join them, Continue working for your current employer. Go visit india, come back , join your current employer and then after 1 paycheck at least give notice and work for new employer. Hopefulyl by then your transfer would have come thro' there by reducing your risk of joining them before h1 approval and then RFE or denial creating issues for you.
Thanks a lot!
BTW, as queries go.. this one wasn't complicated :) Relax!
Hi there,
this is going to be a bit complicated but I'd appreciate any thoughts (or even just the advice to go get a/which lawyer for this one)....
Anyway, I am on an H1B right now but am going to switch jobs. My understanding is that once the new petition is filed I can start working for the second employer. I also would like to travel home during this time... So, here are my questions:
- Can you work for 2 employers at the same time while making the switch?
-- Simple words. NO. If you want to be on the payroll of 2 full-time employers at the same time, unless otherwise it is mentioned so in LCA it's illegal.
That does not stop you from holding approved H1b Petitions from 2 (or for that matter more than 2) employers at the same time. But you can only work for 1 employer.
- How long does it take to file a petition (can i/my new employer do that myself)? If no, any advice on which lawyer to pick??? Anybody heard of Visa PRO?
-- It should take less than 3 days. If an attorney has previously worked with your employer and has their records on the file etc. then maybe less. A lot of h1b and LCA application documentation involves writing big statements and letters related to employer's business, their need for your speciality skills etc. First time applications for any new employer-attorney pair will take couple of days to prepare these docs.
Good part is you can apply and get receipt in couple of weeks (Earlier if you apply in Premium) and then you are allowed to work for new employer.
- Is traveling to my home country OK while filing the petition or is it better to wait until I come back?
-- It it better to wait. Coz any travel outside can get you stranded if something goes wrong. but if you MUST travel then postpone change of employer till you come back. Meaning you can apply for h1 from new employer but do not join them, Continue working for your current employer. Go visit india, come back , join your current employer and then after 1 paycheck at least give notice and work for new employer. Hopefulyl by then your transfer would have come thro' there by reducing your risk of joining them before h1 approval and then RFE or denial creating issues for you.
Thanks a lot!
BTW, as queries go.. this one wasn't complicated :) Relax!
more...
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drona
11-15 02:51 PM
We are actively meeting with lawmakers across Southern California in OC, LA and San Diego. New members, please sign in to our local chapter, details are in my signature. Join in on local lawmakers meetings and help in raising awareness of our issues. We have experienced members in our group who can provide guidance and answer all your questions if you have never done anything like this before. We do need active members in various constituencies though, to help us reach out to all the lawmakers in our region. Read about our local lobbying activities on Southern California yahoo groups and perhaps you could contribute something to our efforts.
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ArkBird
06-17 01:54 PM
TOTALLY unknown...
No one knows what they look at and won't look at while deciding on your I485. If you one of the "chosen" one, you may get called for personal interview and I have heard lots of horror stories about the stuff they asked at the interview. At the same most of the people get the GC without hitch.
So, the morale of the story is stop worrying. There is nothing you can do/prepare to effect decision on your I-485. Since you have played by book and assuming you don't have any law related issues, you should be fine.
Cheers
ArkBird
I can empathize. I might me more luckier than you, and there are people *luckier* than me. (You know what I mean..) But, if for some reason I don't get my GC, and you get your GC in a few years, me being lucky to start with is of no use. Nothing is sure till GC is on-hand for anyone.
So, I would appreciate if someone could let me know if there are any disadvantages process-wise when it comes to I-485 adjudication on a pre-approved labor.
Thanks.
No one knows what they look at and won't look at while deciding on your I485. If you one of the "chosen" one, you may get called for personal interview and I have heard lots of horror stories about the stuff they asked at the interview. At the same most of the people get the GC without hitch.
So, the morale of the story is stop worrying. There is nothing you can do/prepare to effect decision on your I-485. Since you have played by book and assuming you don't have any law related issues, you should be fine.
Cheers
ArkBird
I can empathize. I might me more luckier than you, and there are people *luckier* than me. (You know what I mean..) But, if for some reason I don't get my GC, and you get your GC in a few years, me being lucky to start with is of no use. Nothing is sure till GC is on-hand for anyone.
So, I would appreciate if someone could let me know if there are any disadvantages process-wise when it comes to I-485 adjudication on a pre-approved labor.
Thanks.
more...
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axp817
02-03 01:49 PM
Documentation informing the USCIS of your having utilized AC21 benefits isn't necessary, but is a proactive measure usually taken to have a clean slate on the applicant's part.
It is true that in a majority of the cases the AC21 documentation might never reach the applican't 485 file, but in an unforeseen circumstance such as the denial of one's 485 based on 140 revocation (which, as we know isn't very uncommon) and matters reaching an immigration court, proof that one had taken proactive steps and gone out of one's way to inform the USCIS might make one's case stronger and thus make it easier to have the case reopened.
I was fortunate enough to not have to make that decision -whether to send AC21 documentation or not, the attorneys (Fragomen) representing the new employer recommended sending it making it easy for me.
Just my 2 cents,
It is true that in a majority of the cases the AC21 documentation might never reach the applican't 485 file, but in an unforeseen circumstance such as the denial of one's 485 based on 140 revocation (which, as we know isn't very uncommon) and matters reaching an immigration court, proof that one had taken proactive steps and gone out of one's way to inform the USCIS might make one's case stronger and thus make it easier to have the case reopened.
I was fortunate enough to not have to make that decision -whether to send AC21 documentation or not, the attorneys (Fragomen) representing the new employer recommended sending it making it easy for me.
Just my 2 cents,
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diptam
01-16 01:13 AM
Bhanu and others,
Its written in G-639 that for getting a Original Copy of any "Approved Petition" use form I-824.... So for getting 140 copy ( which is a Immigrant visa Petition) we should I-824 .
http://www.uscis.gov/files/form/I-824.pdf
Thanks,
Hi All,
Thanks for your patience. I was busy yesterday and I would like to provide you all proper information what I sent to FOIA. Here is the information I got from my folders.
1) You need to fill the form G-639 to get the I-140 documents.
2) Provide as much Information as possible about your case. Some of you doesn't have the Receipt Number, they may also fill the form G-639 and provide any other information you have. (Ex: Provide with thorough description of your case in a separate paper.)
3) After filling the form, Notarise it (Your bank will do it)
4) Attach all the documents with this form and send it to:
USCIS National Record Center
FOIA Division
PO Box: 648010
Lee Summit, MO 64064 - 5570
5) There is no fee to submit this form. You will receive a receipt# within a week how they will process your request.
6) There is no way your Employer/Lawyer know about it. Its in between you and FOIA Division.
I feel myself proud to provide all these details to you since I know how difficult to stay with a blody sucking parasite Employer. I spent lot of sleepless nights and I decided to fight with bad/rogue Employers.
Please keep in touch if you have any other details.
Bhanu
Its written in G-639 that for getting a Original Copy of any "Approved Petition" use form I-824.... So for getting 140 copy ( which is a Immigrant visa Petition) we should I-824 .
http://www.uscis.gov/files/form/I-824.pdf
Thanks,
Hi All,
Thanks for your patience. I was busy yesterday and I would like to provide you all proper information what I sent to FOIA. Here is the information I got from my folders.
1) You need to fill the form G-639 to get the I-140 documents.
2) Provide as much Information as possible about your case. Some of you doesn't have the Receipt Number, they may also fill the form G-639 and provide any other information you have. (Ex: Provide with thorough description of your case in a separate paper.)
3) After filling the form, Notarise it (Your bank will do it)
4) Attach all the documents with this form and send it to:
USCIS National Record Center
FOIA Division
PO Box: 648010
Lee Summit, MO 64064 - 5570
5) There is no fee to submit this form. You will receive a receipt# within a week how they will process your request.
6) There is no way your Employer/Lawyer know about it. Its in between you and FOIA Division.
I feel myself proud to provide all these details to you since I know how difficult to stay with a blody sucking parasite Employer. I spent lot of sleepless nights and I decided to fight with bad/rogue Employers.
Please keep in touch if you have any other details.
Bhanu
more...
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vinkrish
10-07 05:55 PM
I would really love to hear comments from ppl who can relate to this possibly with some first-hand experience in going through this stage!
My labor cert was filed just this February (been about 8 months now). The application was put in as EB2 with the minimum requirements being - Masters + 3 yrs, or alternatively, a Bachelors + 5 yrs.
Now the law firm has contacted my manager asking her to prepare a "Business Necessity Statement" for a "POSSIBLE" audit! (note the word "possible", its not really an audit yet). They want my manager to explain why a Masters and 3 years is better than a Bachelors + 5 yrs for this job, and stuff like that.
Preparing a business necessity statement if there was really an audit is understandable, but this request from the law firm makes it look like they're more than certain that there will be an audit on my application. Have things gotten that bad really? Or is our law firm just pre-emptively preparing for the worst? Just to let you know, there are other ppl at my office with my similar job profile, whose labor cert has also been applied for as an EB3 (requiring only a Bachelors and work experience).
How scared should I be realistically about the possibility of an audit? And how realistic is it in this day and age to actually get an approved labor cert after responding to a business necessity audit.
Also, here's an excerpt from the email that the law firm sent to my manager. Can anyone of you suggest what kind of "additional documentation" they are talking about including with all the explanation for business necessity?
"All business necessity arguments must be evidenced via supporting documentation. Please note that the DOL prefers “independent” forms of documentation to statements from or information created by <companyname>. Make sure to be reasonably specific and identify the sources and bases for your assertions in the context of <companyname>'s business. Independent documentation that contains financial justification(s) to substantiate the business necessity argument will be particularly helpful."
My labor cert was filed just this February (been about 8 months now). The application was put in as EB2 with the minimum requirements being - Masters + 3 yrs, or alternatively, a Bachelors + 5 yrs.
Now the law firm has contacted my manager asking her to prepare a "Business Necessity Statement" for a "POSSIBLE" audit! (note the word "possible", its not really an audit yet). They want my manager to explain why a Masters and 3 years is better than a Bachelors + 5 yrs for this job, and stuff like that.
Preparing a business necessity statement if there was really an audit is understandable, but this request from the law firm makes it look like they're more than certain that there will be an audit on my application. Have things gotten that bad really? Or is our law firm just pre-emptively preparing for the worst? Just to let you know, there are other ppl at my office with my similar job profile, whose labor cert has also been applied for as an EB3 (requiring only a Bachelors and work experience).
How scared should I be realistically about the possibility of an audit? And how realistic is it in this day and age to actually get an approved labor cert after responding to a business necessity audit.
Also, here's an excerpt from the email that the law firm sent to my manager. Can anyone of you suggest what kind of "additional documentation" they are talking about including with all the explanation for business necessity?
"All business necessity arguments must be evidenced via supporting documentation. Please note that the DOL prefers “independent” forms of documentation to statements from or information created by <companyname>. Make sure to be reasonably specific and identify the sources and bases for your assertions in the context of <companyname>'s business. Independent documentation that contains financial justification(s) to substantiate the business necessity argument will be particularly helpful."
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GCBy3000
04-17 10:29 AM
Last time when Bill Clinton signed similar bill, it became effective immediately. So this should also be immediate.
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unaikax
01-04 07:15 PM
I recently quit Wipro in United States after servicing two weeks notice period. Wipro didn't want me to stay longer as client was not willing to pay longer than two weeks. I have not signed any service agreement with them when I came onsite on H1B. However, they insist that their deputation letter sent through email is legally binding on me even though I didn't sign a hard copy of the letter. They are asking me to pay $10,00 or serve 6 months notice period which is no longer possible as I have already joined another company. I am seeking legal help in India and planning to sue them as they have withold all my PF, Gratuity, Leave encashment and other dues, experience/relieving letter. Is it possible to sue them in United States as I currently do not stay in India? Also, can I complain to DOL, USCIS about these issues. If yes, how do I go about it?
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BPforGC
07-15 10:24 AM
I am in Houston and if you plan to organize a rally, I am in.
I believe by the end of this fiasco, Emilio Gonzalez will resign. This will definitely get more attention and lead to more reforms in EB category.
Guys, its plain and simple. Without techies and scientists like us, they know, that US cannot be world's technological superpower. Period.
I believe by the end of this fiasco, Emilio Gonzalez will resign. This will definitely get more attention and lead to more reforms in EB category.
Guys, its plain and simple. Without techies and scientists like us, they know, that US cannot be world's technological superpower. Period.
more...
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gc_on_demand
08-13 02:19 PM
Any hope for Jan 2008 PD to get EAD..
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larmani
10-16 02:19 PM
Hi I got FP notice on 10/13. I filed on July 2nd and got receipt August 24 with TSC.
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dreamgc_real
08-03 12:05 PM
My EAD details
Mailed Date : 5/24/10
Received Date : 5/26/10
Notice Date: 06/03/10
Checks Cashed: Yes
File Type: Paper/E-filed/Lawyer - Lawyer
Service Center/Lockbox : TSC
RFE DATE: N/A
RFE Description: N/A
SR Opened: Yes ( 07/26/2010)
InfoPass: NO
Current EAD Expiry: 9/03/10
Approval Date:
Approval Desc:
EAD Validity:
I have opened SR @( 07/26/2010) and got the reply back by mail below
----------------------------------------------------------------------------------------------------
The status of the Service Request is
Case type:-- I765
The status of this service request is: Due to the high volume of expedite requests for this case type, we are strictly enforcing the criteria that has been set for these expedite requests.
Since the date we received your case, we denied your case and send a notice of explaining our decision to you on 06/25/2010 to the file we have on the file
-----------------------------------------------------------------------------------------------------
Is this denial of service request or denial of EAD Renewal?
I am confused. Lawyer or I never received any denial notice so for and online case status showing initial review with LUD of 06/26/2010.
What should I do now? Please let me know.
Thx
KPR
What does your lawyer say? He should be able to let you know exactly what the letter means - denial for SR or EAD. Check with him.
Mailed Date : 5/24/10
Received Date : 5/26/10
Notice Date: 06/03/10
Checks Cashed: Yes
File Type: Paper/E-filed/Lawyer - Lawyer
Service Center/Lockbox : TSC
RFE DATE: N/A
RFE Description: N/A
SR Opened: Yes ( 07/26/2010)
InfoPass: NO
Current EAD Expiry: 9/03/10
Approval Date:
Approval Desc:
EAD Validity:
I have opened SR @( 07/26/2010) and got the reply back by mail below
----------------------------------------------------------------------------------------------------
The status of the Service Request is
Case type:-- I765
The status of this service request is: Due to the high volume of expedite requests for this case type, we are strictly enforcing the criteria that has been set for these expedite requests.
Since the date we received your case, we denied your case and send a notice of explaining our decision to you on 06/25/2010 to the file we have on the file
-----------------------------------------------------------------------------------------------------
Is this denial of service request or denial of EAD Renewal?
I am confused. Lawyer or I never received any denial notice so for and online case status showing initial review with LUD of 06/26/2010.
What should I do now? Please let me know.
Thx
KPR
What does your lawyer say? He should be able to let you know exactly what the letter means - denial for SR or EAD. Check with him.
sury
11-06 09:24 AM
I see that for EB2 the PD is 01 APR 2004 now. I want to know if I-485 approvals is linked to this PD date or they will work independent to these days.
Thanks,
Sury
-------------------------------
PD : Feb'07
I-140 - Pending
I-131 - Approved
I-485 - Pending
Center: TEXAS SERVICE CENTER
Recieved EAD Card and FP done.
-------------------------------
Thanks,
Sury
-------------------------------
PD : Feb'07
I-140 - Pending
I-131 - Approved
I-485 - Pending
Center: TEXAS SERVICE CENTER
Recieved EAD Card and FP done.
-------------------------------
senk1s
05-08 02:29 PM
1. This is debated a lot - some attorneys feel send it only when they ask for it, some say it is better to send letter proactively
2. For these apps there can be a new attorney - i think the old G-28 for 485 will still be effective/ valid
3. As of now - it should be similar and subject to interpretation
4. Proferred wage is considered the minimum requirement - so i think it should be ok. But i dont know for a big jump
2. For these apps there can be a new attorney - i think the old G-28 for 485 will still be effective/ valid
3. As of now - it should be similar and subject to interpretation
4. Proferred wage is considered the minimum requirement - so i think it should be ok. But i dont know for a big jump
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