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  • rajnag21
    07-17 05:24 PM
    Hi,
    This is for a good friend of mine. He is going to get married in dec 2007. He has already applied for 140 premium processing. There is a opportunity to apply for 485 by end of this month and he has asked me for advice on this matter. His labor has PD March 2005(got cleared).

    My request to all IV members is to give me some advice that I can pass on to him.

    Please help !




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  • indyanguy
    09-09 11:38 AM
    I would like to hear from people who have actually done this recently. My co. is planning to apply for a Software Developer position in EB2 and was wondering if anyone got it approved this year. My co. was able to do it for a colleague of mine under this title back in 2006 and I understand a lot has changed since then.

    The downsides of this plan are:
    1. Economy is bad
    2. Software Developer does not qualify for EB2 (I believe there was an initiative taken to limit EB2s to Manager and above)

    Also, Software Developer does not fall under Job Zone 5 in ONET.

    Any help? Thanks for reading




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  • shana04
    05-18 05:41 PM
    did you receive one rfe for both cases or one each for each case?

    two seperate RFE one for each




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  • meridiani.planum
    12-31 01:05 AM
    Thanks a lot. This helps me.
    Now for this EAD, should I go thru an attorney or do it myself by the USCIS website.

    you can file EAD on your own, see the self-filing threads on IV, or other webapges on sites for required documentation. Dont spend money on an attorney just for this.



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  • fearonlygod
    11-14 10:12 AM
    thanks for the response ....how long is the response time for such cases....




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  • nemadeni
    08-28 03:18 PM
    we recently received 1 year EAD. I called USCIS regarding incorrect Validity period. They told me the send the I765 form again along with original EAD for fixing it.

    Anybody doing this?



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  • MatsP
    June 1st, 2006, 09:06 AM
    Telling other people what lenses to buy (or not to buy) is often hard, for several reasons:
    - You probably have a better idea what you want than I do.
    - Before you posted here, you probably have made your mind up somewhat.
    - My personal preference doesn't really match yours.
    - etc, etc.

    That's never stopped me from trying to tell people what to do, tho'! ;-)

    Now, what lens you should buy depends VERY MUCH on what you want it to do. A 70-300 will be an "OK" lens, it's a budget version - but as you say, it's a lot of money to you, and telling you that you'd get a much better lens if you spend 3x or 5x the money will not really solve a problem.

    The things you should consider, however, is if it's going to be good enough for the things you mention:
    - Landscapes - a 70-300 lens is probably too long most of the time - your 18-55 is probably a better landscape lens.
    - Portrait - Yes, certainly. It's a bit too small an aperture to be a GOOD portrait lens - you want something around f2.0-2.8 - but unless you buy a SPECIFIC lens for portraits, you'd probably not going to get there for anything but A LOT of money.
    - Macro . The close-up distance is 5'/1.5m. Depending on the size of insects/flowers and type of photos you want to take, this may be fine or not close enough. However, it's pretty easy to simulate this in the shop, using for instance a coin some such instead of the flower/insect. So if you think that the smallest flower you'd ever want to get a real close-up of is the size of a quarter, lay a quarter on the floor, and try to take a picture of it with the 70-300 lens... Do you get close enough to fill most of the frame, or does it look like a bit lonely with lots of space around it? Can you accept it? Obviously, most insects are slightly smaller than a quarter - except for butterfly's.

    There aren't many other options to replace the 70-300, that are reasonably low cost. I'm sure you could find some sigma or other non-Nikon brand lens that is less expensive and do roughly the same, with approximately the same result and the added risk that it's not quite as good at working together with the Nikon camera - at least if it's a Nikon camera and lens you can complain to ONE place and hopefully getting it fixed, rather than being stuck between two companies that neither will take responsibility for your equipment not working... [Although Sigma is more likely to fix a non-compatibility problem than Nikon, of course].

    I just noticed that Nikon actually has three different lenses of roughly the same range, a 75-300/4.5-5.6, 70-300 4.0-5.6D ED and 70-300 4.0-5.6G - the latter is a lot cheaper and specifically designed for digital SLR (using smaller lens-elements since the sensor is smaller than the original 35mm film). Not sure if there's much optical different between them. ED should be slightly better optically (and you'd hope so for more than double the price!).

    There are a few things that come to mind:
    1. If you are SERIOUS about macro photography, you probably want to get a proper macro lens - they get MUCH closer to the subject. There's a Sigma 50/2.8 that costs about $300 which will be a good starting point. A poor mans version is "macro filters", which is basically a screw on lens that goes on the front of the filter screw of your usual lens. They are not quite as good optically, but at least allows you to get close enough to get the subject. The macro lens would also be good as a portrait lens, if you want to get a bigger aperture for that.

    2. If you really want to do "big" landscapes, you may need some more wide-angle than the 18-55 gives you. That's obviously not NECESSARY, but for some scenery, it's hard to get far enough away from the subject with a longer lens. Unfortunately, there's really no substitute for dollars here, you'll have to pay for it or not get it, so no easy solution. A Sigma 12-24mm is $689, and that's obviously a lot of money... [Yes, you can get screw on wide-angle lenses too, but if the close-up ones are OK, these aren't - making wide-angle lenses is HARD - magnifying glasses aren't too difficult to make!]

    3. You'll almost certainly need a tripod - both for landscapes and macro photography.

    Finally: Whilst it's good to consider the purchase, waiting TOO long will make you miss oppurtunities of using the equipment.

    Best of luck, and please feel free to ask further questions...

    --
    Mats




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  • arshiya
    04-12 01:16 PM
    Can anyone give me the combination of numbers to dial to speak to an IO for the texas centre?I know its been passed around before but i just cant seem to find it .Thanks a lot in advance..Also do you think its any use me calling rite now,my PD is EB2 India..aug 2003..Applied in june.Is it too soon to try ...just itching to call once:)Thanks again for any help.



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  • centrum
    09-25 07:48 PM
    You might have recevied I-94 at POE when you entered in USA with H1B visa (or it may be part of your h1b approval notice) For H1b extension, you need to attach the copy of the latest I-94. I dont think you need to attach copy of passport, when you extend H1B status or I-94 with in USA.

    Yes, it was a part of my approval notice. I just looked at the I-94, and it says that the expiration is same as the H-1B visa. So I'm guessing I should have no problem to go through H-1B extension, PERM, and green card application with an expired passport as long as maintain legal status and don't leave the country, right?

    I'm glad I asked on this site first before I enrolled at a random graduate school.




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  • javacool2008
    09-17 12:41 PM
    I have the same problem. My application mailed to NE at July 13th. Now I am looking at a receipt on Sep. 7th. Funny I fax a letter to NE on Sep. 6th after the long wait. Then my application was transfered to Texas the very next day and issued a receipt notice on Sep. 7th.
    I am thinking the worker is trying to cover for his or her irresponsibility. Of course I have no prove of such, but the paper work never lies.

    Welcome to the America. DC is the way to go.



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  • pbojja
    04-23 10:52 AM
    My case transfer status clearly indicated that it was transfered to TSC.




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  • ramaonline
    12-29 05:49 PM
    3 year h1 extension requires I140 to be approved plus non-current priority dates. You can get a copy of the approval from your attorney



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  • pappu
    06-16 09:22 PM
    Good comparison. if you have more informatiion, do add to this thread.

    COMPARISON OF ADJUSTMENT OF STATUS VERSUS CONSULAR PROCESSING


    The purpose of this page is to address the advantages and disadvantages of Adjustment of Status and Consular Processing. There are various factors that need to be considered, including the procedures, the cost, the time and the risks involved in each process.

    I. TIME
    Generally, Adjustment of Status Applications take about 12-15 months to be approved by the INS. In most cases, Consular Processing takes approximately 6 to 9 months, depending on which US Consulate is chosen.

    II. CONSULATE NOTIFICATION
    The decision to consular process often turns on the issue of whether the overseas consulate will accept an application without notification from the INS via the National Visa Center (NVC). At present only a handful of Consulates will accept such an application. The usual course calls for the INS to send notice of the approval of the I-140 to the NVC in Portsmouth, New Hampshire, which then notifies the particular consulate.


    From time to time, an I-824 is required in order to Consular Process. In these scenarios, Consular processing takes in excess of one year and is almost never a good option. Because some consulates are realizing that the I-824 processing times at the Service Centers are unreasonably lengthy, several Consulates have opted to allow consular processing in their discretion without the requirement of the notification from the NVC. Under this process, the AC I-140 (attorney certified I-140), the attorney directly sends the Consulate a certified copy of the I-140 approval notice.


    There are a few things to keep in mind if you choose the AC I-140 process. First, not all consulates recognize it. Second, some Consulates may later switch to an approach where they demand the I-824. Third, some of the consulates who do accept ACI-140 do so only on grounds of hardship, such as the aging out of a child.

    III. 180 DAY PORTABILITY RULE
    Persons whose I-485s have been pending at the INS for 180 days or longer are ordinarily eligible to transfer to a new employer without abandoning their I-485 Adjustment of Status Application. The rules surrounding the 180 Day Portability are new and can be complex. However, the Portability rule can provide great relief to employees who are concerned that future lay-offs or Reductions In Force may cause their permanent Residency Applications to fail. Because of several liberalized I-485 rules, it usually a poor choice to opt for Consular Processing.

    IV. LOCAL ISSUES
    Each consulate has its own nuances. Most U.S. Consulates require police certificates for all applicants 16 years or older covering all periods that they have resided in a foreign country. This requirement does not exist in the case of adjustment of status. The consular officers also require a certified copy of any military records, whereas this is not required in adjustment of status applications. The consulate in Manila will only accept birth certificates issued by the National Statistics Office. A person who does not have all the documents at the time of the interview will need to appear for a second interview.


    In all cases however, the medical exams have to be completed by a designated doctor in that country. In London, the medical exams are completed the same day as the interview. However, in Johannesburg, Chennai, and Mumbai, the medical exams have to be completed at least two weeks before the interview. Essentially, this means the employee will need to spend approximately three weeks overseas or will require two trips overseas.


    In most cases, interview notices are generated approximately 30 days prior to the actual interview. As a practical matter, families need to depart the U.S. immediately upon receipt of an interview notice in order to have plenty of time to complete the medical exam.


    In addition to the general procedural differences between the two processes, there are more stringent requirements in consular processing. For example, it is generally easier to obtain waivers of certain medical grounds for exclusion, such as HIV, if you are Adjusting.

    V. COSTS
    Another issue that should be analyzed is the cost associated with each process. The major monetary difference is travel costs. Plainly, you only need to pay for a flight overseas if you are Consular processing. This can be burdensome and costly where there are several family members.


    Another factor that may indirectly affect the costs to the employer and employee is the time that will be required to be spent outside of the United States. During the adjustment of status process, a person can continue their employment in the United States while the case is processing. In consular processing cases, they are required to be out of the U.S. for approximately a month, assuming no problems arise in their case. If problems do arise in their case, they may need to stay overseas longer than anticipated. Alternatively, they could, in most cases, come back to the U.S. but would need to travel to the consulate again for a follow-up interview. Obviously, this adds to additional time away from work and additional expenses. In addition, for employees who have school age children, this would require the child's absence from school.

    VI. RISKS
    The major factor in deciding whether to choose adjustment of status or consular processing is the risk involved. By far, consular processing is much more risky than the adjustment of status process. First, consular processing provides less opportunity for attorney assistance. In the adjustment of status process, the attorneys prepare the application and file it with the INS. If the INS has a Request for Additional Evidence or any issues in the case, the information is sent to the attorney at which time the attorney can review the issues with the client and submit a response. In consular processing, the consulates do not allow the person to be represented by an attorney during the interview. Sometimes the attorney can stay in the waiting room and address any questions that the applicant has, but is not allowed to actually represent them at the interview.


    Second, consular processing involves a personal interview whereas the adjustment of status does not. Of course, any time that there is a personal interview, there is more risk that the applicant will say something unfavorable to his case. It also provides the officer with more time to go in depth into the applicant's immigration history or any issues of excludability. For example, if the employee's job title or job duties have changed at all since the filing of the labor certification then there is more of a chance that the consulate will focus on this issue and could deny the application. In contrast, in adjustment of status the INS does not delve into the exact job duties, (e.g. specific tools, utilities, software) but rather focuses on the job title, salary, and whether there is a continued offer of employment.


    Third, consular officers sometimes work with a mindset of distrust because they are accustomed to seeing fraudulent cases. Keep in mind that Manila, Mumbai, and Chennai are high fraud posts.


    Fourth, anyone who has been unlawfully present in the United States and is subject to the 3/10 year bar would immediately trigger that bar once he departed the U.S. Clearly, a person in this situation should not even consider consular processing as such as decision would be fatal.


    Finally, and most importantly, a denial of a visa at a Consulate post cannot be appealed.

    VII. EMPLOYMENT FOR SPOUSES
    Spouses can obtain employment authorization while their Application for Adjustment of Status is pending at the INS. They are ineligible for work authorization while their Consular Processing Application is pending.

    VIII. CONCLUSION
    In sum, consular processing can be advantageous in some situations. However, the decision to do consular processing should be made on a case-by-case basis based upon the particular consulate and the facts of each case. Ordinarily, Adjustment of Status is the better approach.




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  • drona
    07-11 02:56 PM
    Perhaps instead of a rally in San Jose we could rally outside the Governor's office in Sacramento? :)



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  • SFSweta
    08-27 01:40 PM
    You may! Because your priority date is based on your PERM/Labor...and that still holds valid.




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  • Jaime
    09-12 11:18 AM
    You can modify the person's name for privacy, but keep the facts of his/her struggle



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  • mgakhar
    02-11 05:34 PM
    Hi,
    I had filed for my wife's and my I-485 in July and have since received our EAD's and AP's (I believe in Sept). However, we've still not received our Fingerprinting notice. I had opened a Service Request with USCIS and they responded that its possible that they are probably busy and I should be getting a notice soon. But I just want to check if there are anybody else out there who filed in July and are still waiting for their FP notices.

    Please note that I live in Dallas,TX and my case is with TSC.

    Thanks,




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  • dc2007
    07-25 08:14 AM
    Anybody please help ....




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  • number30
    07-24 08:31 AM
    Immigrant petition was filed only for me. However, AoS has been filed for the entire family. So in my opinion the answers to three questions sholuld be 1 - No, 2- No, 3- Yes.- Would that be Correct?

    Since the primary applicant of form I-539 is my wife, i wasn't sure if there should be a mention of my immigrant petition when describing the circumstances on a separate sheet of paper. Should I add receipt number of form I-485 or attach a copy of the form as support documents?

    Thanks!

    Once you file I-485 it is as good as filing an Immigrant petition. So your Answer will be 'Yes' for Everyone who has applied for I-485.




    Dhundhun
    04-15 02:52 PM
    Practically not much.

    If FP is for EAD, one is likely to get EAD soon with fingerprints.

    If FP is for GC, it usually gets OK in 2-10 days and then there will be a soft LUD. GC application remains in pending state for Priority Date, Processing Date and Name Check (now there is NC override of six months).

    FP is not a bottleneck, except for few cases - they have not received FP notices for the past 8-10 months.

    It is expected that Priority Date and Processing Date will be cause of delays




    techie.dude
    06-04 04:02 PM
    I got my 7th yr extension in just over 4 months... so you never know.. :rolleyes:



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