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  • LostInGCProcess
    01-08 10:44 AM
    I recently entered US on AP. At the POE, I gave ONLY my passport and AP(it was 3 copies stapled together). Thats all.
    The IO gave me one copy and said "you can keep one for your reference" and took the other 2. Then escorted to another room, where more people were waiting, and I had to wait for about 10 minutes and an officer called my last name and handed me over, my passport along with one copy of AP with some stamp on it.

    I am still on H1, also got my EAD. I-485 is pending. The other documents that I carried was, a letter from my company stating that I work for them, and all my H1 copies...but I never showed any of those documents.

    edit: While I was standing in line to be called by the IO, the person(indian) in front of me who was being served by the IO, gave many documents, eventhough the IO was saying "I don't need them". This guy was pro-actively telling her that he is working for so-and-so company, took some papers and was giving it to her, and she said politely that its not required...he was also entering on AP cause I saw that guy in the room.

    So, Please don't over do. just give only the document that is asked for.





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  • kumarc123
    01-16 09:36 AM
    We all know about the CIR in 2009. We all need to be assertive in our joint measures, please call Lofgreen's office.





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  • EB3June03
    06-23 10:31 AM
    Thanks for the reply arkanand,

    I talked to multiple doctor's and they said that the reason why the test is NOT done again is that they know it is going to be positive (so why do it). Instead they go to the 2nd step (Chest X Ray).

    They also mentioned that for documentation purpose if you have to get it done, just go for it. So, looks like i will be going for getting the test done 3rd time like arkanand. I too just want to finish this paper work and get done with.

    I tried getting the documentation from a NY Hospital where I was working in 1998. They sent the doctor the Radiology report mentioning the X Ray was clear. I don't see any size indications of the PPD testing. I either have to get back to them to send me the PPD size after testing or forget it and go for a test. So, I think I am going to get the test done. Luckily, I don't have to get the X Rays done as I just got one done in Jan 2009 (and the civil surgeon wanted the copy of those reports).

    Conclusion:- What I learnt from this experience is that try to keep as much paper work of tests that have been done, so that when needed you can show it to the doctor and NOT get un-needed testing done plus is saved us hazzles of time/money/insurance to get these tests done.





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  • HereIComeGC
    03-26 02:54 PM
    That I agree, I should say it was some what an exaggeration when I said I could predict NASDAQ ...

    But son't you guys think that this uncertainty also adds to the excitement of life here for us? Don't get me wrong ... just sharing a perspective here! Even I want my GC as desperately as any of us :)

    I agree. Sometimes I think I will be a little bit sad when I receive the green card because I would miss this daily excitments! As the saying goes "Its the Journey that matters, not the destination"



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  • Dakota Newfie
    07-13 09:36 AM
    Since the topic of giving preference to professional athletes has come up, I'd like to relay an the experience I had when I came to the U.S. for a job interview in August of '01; when going through U.S. customs at Logan Airport (this was pre 9/11), I was arbitrarily "singled out for interrogation" for TWO HOURS! During that time, a customs official made some small talk with me while we waited for the supervisor to arrive and he asked me if I was a hockey player (since I am Canadian) to which I replied "no"; he then informed me that was too bad because otherwise I would pass through without any problems or questions! Too bad they didn't "single out" Atta and the boys the same way two weeks later- or maybe they went through as hockey players!





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  • indio0617
    12-13 12:53 PM
    Surprising right? May be this is the first time anyone would have posted this kind of post but yes I am in that situation.

    I am EB2 and retrogressed with I-140 cleared. I am working for a client and they are willing to take me in and process my fresh green card. I am not too keen about it because they said they can file only on EB3.

    My PD is Sept 2005. Now can you guys give our your honest opinion in what you would have done if you were in similar situation. The client is a good top 10 client and you will have a stable job that is garunteed.

    Appreciate your thoughts to help my plan.


    Given the gross uncertainity about retrogression and GC, I would not give undue importance to the GC timeline factor. Eventually job / skills are more important than the distant GC.

    I was in a similar situation a few months back. I abandoned my GC process with my former employer for a new and much more promising job. I am yet to start the GC process with the new employer. For me JOB was the deciding factor.

    My reasoning was simple:

    In the current scenario with a broken immigration system if we are to maintain our sanity and move on in our careers , we have to stop thinking that GC is above everything. Work on it as much as you can, but do not miss out on good career moves.

    Do what you feel is best for you and what you can make peace with. My 2 cents..



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  • krishmunn
    04-07 02:18 PM
    The problem is most of the visas are taken by indian bodyshops such as infosys, TCS, LT to bring underskilled computer operators to the US. Intel, MS and other good companies that hire from reputed US universities have hard time getting the visas due to the cap. The cap should work the other way round. 20K for bodyshops and 65K for people from US universities.

    You mean those passing from the likes of TVU and ITU or those from Harvard/MIT ?? How do you define "reputed" US University ? And why do you think clients engage "underskilled" operators and not "skilled" US graduates ? Lower rate ? But then we see so many US graduates languishing in EB 3 ???

    BTW, why are you still having a hard time getting visa --- the quota was wide open till January at least .

    There is no point blaming on non-US students when US students are making a beeline to desi consultants for H1. May be the law should be -- no consulting job for US graduates.





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  • braindrain
    04-17 11:57 AM
    You can apply starting 1 year prior to your expiry and all the details are available in the Indian Embassy websites.

    simple google search would give you all the required details. You can start with the below URL..


    www.indianembassy.org/



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  • st4rguitar
    04-14 08:34 PM
    Yeah, that stinks, big time. Just have your HR or attorney contact them every month or 2 months, definitely. MTR/R4R/Appeal, yes, synonymous usage - proper term at the PERM level is "Request for Review."

    is MTR the same thing as Appeal?? so far I haven't heard from the Appeal borad. as I mentioned before the HR Manager sent them a letter at the end of Jan 2008 requesting an update on my appeal but she hasn't heard anything from them. this is really taking forever. all we want them to do is to make a decision, either accept the appeal or deny, so i can move on.





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  • delhirocks
    07-08 04:28 PM
    Good Job...



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  • bathuzp
    11-10 10:39 AM
    Hi All,

    I had worked for a company from Feb 2006 to Feb 2007 on an H-1B visa. I had applied for an H-1B extension via that company as their software engineer. I was granted that extension. After Feb 2007, i started working at a different company.
    I applied for an H1B transfer as a software engineer with my current employer on Nov 27th 2006 through a law firm in Michigan. And last year my current company applied for my GC process in October 2009 under EB2 CATEGORY but with the same designation software engineer [level 2 as suggested by our lawyer] .I obtained a Master’s of Science in Management Information Systems from (University of Illinois at Springfield) in 2008 .I received my I-140 delivery notice in July 2010 stating that they have received his I-140 and it is now in process. I also received an approval on I-131 and I-765 just 2 weeks ago, I got a notice asking me and my wife to go for the biometrics test. Moreover, yesterday i.e. Nov 9th ,I received the EAD card for both me and my wife but unfortunately the very same day I get this Notice of Intent to Deny for I-140 requesting for evidence .
    The notice states:
    "……..The record contains a form ETA 9089 received by the department of labor on October 2009, thereby establishing a priority date in this matter. The petitioner certified in part H of that form that the proffered position is that of a "Software Engineer" and that the minimum level of education required to enter into that position is a Master's in Computer Science, Management Information Systems, Information Technology.
    However the beneficiary also filed a form I-129, Petition for a non-immigrant worker in November 2006 (when i was working for the previous company) as a "Software Engineer". It is noted that the beneficiary did not have a master's degree at that time.
    If the beneficiary entered into that H1B employment as a software engineer without a master's degree, the labor certificate will be invalidated since the master's level of education was not a minimum requirement. Please submit the evidence that the beneficiary obtained a master's degree prior to starting work for the petitioner as a software engineer.
    The petition may be denied based on the above information. However u r hereby granted 30 days from the date of this letter to submit to this office a written rebuttal to the adverse information."

    Also please note that we recently applied for my H1B extension as a programmer analyst as our lawyer had applied with this designation last year.

    Now here my questions:

    1. I applied for my H1B transfer with my current employer as Software engineer in 2006; I got my masters degree in Dec 2008. After consulting with my lawyer I filed for my GC in EB2 category as Software Engineer level 2 in Oct 2009. Now based on this why do you think we got this RFE? Is this a matter of concern or can it be a mistake? How can we resolve this?

    2. The USCIS has asked me to provide evidence of my masters degree in 2006, but that is not true, I received it in 2008, what I have to prove is that my new job requires me to have my masters degree. But how do I do that since my work title is still just a software engineer but level 2 and in my organization level 2 software engineer requires masters degree?!!!

    3. What is the worst case scenario? Is there a possibility that my I-140 will be rejected? What should my next step be then?

    4. What will happen to all my approved forms (I-131 and I-765). Will they automatically get rejected too if my I-140 is denied?

    5. Has anybody else had a similar case like mine? If yes, Please post your case out-comings on this thread.

    6. What will happen to my EAD card? Can I change my status to EAD now or should I just wait?

    7. Also we applied for H-1B extension as a different designation [Programmer Analyst]. So will that affect my GC process?


    We have 30 DAYS to respond to this RFE. If u have any suggestions or advice Relating to my case please post them here ASAP. Please help us out on this.





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  • at0474
    12-19 04:59 PM
    Amigos,

    Ironically, legal documentation process seems complicated to cross the fence to the other side.;)



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  • bbct
    05-02 10:56 AM
    The IO will not issue an I-94 with the expiry date same as the new approval notice end date. You will be given an I-94 with the expiry date same as the visa expiry date on the passport. If you are using AP to enter, you will be given an expiry date of 1-year from the date of entry.

    My wife travelled in July 2007 on H4 when my H1B was expiring on 09/30/2007. She showed the approval notice that was valid till 09/30/2010 and was still given the I-94 valid till 09/30/2007.

    Should not be an issue. Dont forget to give the approval notice to the IO. Otherwise you will be given only till Aug 2009.





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  • VDaminator
    06-14 10:05 PM
    Not bad _azzy_ you make that gun in a rendering program?



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  • eb3retro
    09-09 03:51 PM
    but the question is can someone mail the AP to India by postal mail or can someone take it along with them for their spouse if they are travelling. Precisely my question is when someone has applied for AP and when its not approved, can they travel without it and come back with AP that was approved after travel to India? This is always a grey area and no one seems to have a clear answer.





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  • Milind123
    07-26 12:51 PM
    spoke to the lawyer and they said they have experience last month of filing a I485 similar to mine at Nebraska and had no issues.

    So I guess I will have to trust them and see. She also mentioned 2 yrs is the time for follow to join not 180 days.

    Fingers crossed

    Good luck! Even if your lawyer is wrong, Nebraska will send the application to its correct destination.



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  • transpass
    08-04 11:10 AM
    me too...NSC filer, but transferred to TSC...

    RD july 2, PD 12/2005





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  • senthiltamil
    09-22 08:48 PM
    I applied for my AP on Aug 24th. I haven't seen any update on the case. May I know when you guys applied for it?





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  • daniel_leavitt2000
    February 15th, 2004, 06:46 PM
    Thanks for the tip. The other thing i need it for is for picture on the layout wich would mean i need it focused from about a foot to infinity. Unfortunatly all this stuff really does push th limmits of all non-professional grade cameras.

    I did a search and came up with the Sunpak Pro 065. a .65x wide angle. Is this company reliable? and when using a wide angle will the fisheye affect be more pronounced?


    Your experiencing an effect called Depth of Field(DOF). This is commen and usally you want to minimize it for effect but not in your case.

    You will need to learn to use a DOF calculator, there is one on this site but it does not include the 2/3" sensor sive you camera has. A better one for you right now may be this calculator here: http://www.dpreview.com/reviews/nikoncp5700/page2.asp

    Using this you can determine the distance you need, focal length and distance to subject to obtain the desired DOF. Currently on the wide end of your camera, you'll need to move about a 1.5 feet from the focus point with f8 to get the DOF you desire. If you get the WA adaptor you'll be able to move closer to about .9 feet from the focus point and still obtain the DOF you desire.

    You'll never be able to be within 5 inches from the object and obtain the DOF you desire, it simply is not possible with you camera. As to which WA adaptor to get? I don't know. I've never used anything of the sort so I can not answer that question for you.

    Scott





    LostInGCProcess
    11-06 02:54 PM
    If I renew my H1B can I avoid visa stamping by using the AP travel document.
    You can use AP to travel and still be on H status, provided you are working for the same employer.

    I still intend to use my H1B as long as I stay with my current employer, but If I want to change employers or take a different job EAD would be the way to go, in that case would my H1B be invalidated?
    Yes. However, you can ask the new employer to sponsor you H1b and avoid using EAD.

    I am concerned if I use EAD for a future job and 485 gets into trouble can I fall back to my H1B easily?
    Its better to maintain H1 status till you get the GC.





    a_yaja
    07-20 10:47 AM
    I am a July fiasco survivor. My 485 has been filed through AOS, so no worries there. I was supposed to get married in a few months, but my fiancee has rushed down to the US on her tourist visa. The plan was to get a civil marriage certificate done and have her atach her AOS with mine. Lawyer has now informed me that she needs to stay here till she gets AP otherwise the application is considered 'abandoned'. She has a life in her home country that she needs to get back to, She can't just drop everything and park herself here for the 4-6 months that AP is likelt to take for July applicants. Does anyone have any advice, or a similar situation? As I see it, my options are -

    1. File AOS for her and let her leave, and take the chance that they will track her departure and cancel her application. If this happens, is she allowed to refile if the PD becomes current later?

    2. Rush out of the US with her to get her back in on H4 visa. Challenge here is that it is near impossible to get an appointment at a US consulate before the 17th Aug window closes.

    3. File her application through CP. She doesn't get interim benefits that way. Given my PD of EB3-June 2006, I'm not expecting a GC for at least 3 years, so this option really sucks.

    Any suggestions from the community out there?

    Did you ask your lawyer about "rushing back to India, getting married and she comes here on tourist visa. She can file for AOS and EAD/ AP"?

    One more thing about getting married here on B1/ B2 and filing for AOS. I have heard of a case where the AOS was denied for a similar case. A person came the US on a visitor's visa and married a US citizen and applied for AOS. USCIS denied her AOS because they claimed that she falisified her visa application for B1/ B2 by stating that she had no immigrant intent but she did infact have an immigrant intent by coming over here and marrying a US citizen and filing for AOS.

    While your case is not exactly the same, USCIS could use the same reason if you get married here. But getting married in India will not have the same effect because getting married in India does not show immigrant intent on her part.

    Best to ask your lawyer.



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